By Dorcas S
President Kenyatta told a crowd of cheering party faithful that “ata (Raila) akichaguliwa, we have the opportunity in parliament within 2 or 3 months, tume mutoa….” – that they will have the opportunity to “impeach” Raila out of office in 2 or 3 months even if he wins the re-election on October 17.
So let’s discuss the “process” of impeaching, presumably, a sitting president, not as desired by a visibly unhinged Uhuru Kenyatta at a campaign bash for party faithful – where a rich assortment of imbibement was being served generously and liberally – but as outlined in that pesky selectively-referenced document The Constitution of Kenya.
To be clear, Jubilee currently have a majority in the National Assembly and thus far, few who lost in the Jubilee-leaning seats have yet to petition/challenge the outcome/s of the August 8th election/s like Raila did (with the presidential race thus nullifying the results and setting UMK off). These are the parliamentarians who will interpret Article 145 of the Constitution and translate said words into action re: impeaching President Raila Odinga.
Article 145 titled “Removal of President by Impeachment” reads as follows:
“A member of the National Assembly, supported by at least a third of all the members, may move a motion for the impeachment of the President
– on the ground of a gross violation of a provision of this Constitution or of any other law;
– where there are serious reasons for believing that the President has committed a crime under national or international law; or for gross misconduct.
If a motion is supported by at least two-thirds of all the members of the National Assembly, the Speaker shall inform the Speaker of the Senate of that resolution within two days; and the President shall continue to perform the functions of the office pending the outcome of the proceedings required by this Article.
Within seven days after receiving notice of a resolution from the Speaker of the National Assembly, the Speaker of the Senate shall convene a meeting of the Senate to hear charges against the President; and the Senate, by resolution, may appoint a special committee comprising eleven of its members to investigate the matter.
A special committee appointed shall investigate the matter; and report to the Senate within ten days whether it finds the particulars of the allegations against the President to have been substantiated.
The President shall have the right to appear and be represented before the special committee during its investigations.
If the special committee reports that the particulars of any allegation against the President have not been substantiated, further proceedings shall not be taken under this Article in respect of that allegation. If particulars of any allegation are substantiated, the Senate shall, after according the President an opportunity to be heard, vote on the impeachment charges.
If at least two-thirds of all the members of the Senate vote to uphold any impeachment charge, the President shall cease to hold office.”
So with bated breath, I await Uhuru Kenyatta and his cabal to identify the “gross violation/s of the Constitution” and/or “crime/s under national or international law” that Raila Odinga has committed, this BEFORE he, RAO even assumes office!