Impeachment is among the most potent tools in Kenya’s 2010 Constitution. Conceived as a safeguard against abuse of power, it grants legislative bodies authority to remove a president, governor, or senior state officer found guilty of gross constitutional violations, crimes under national or international law, or serious misconduct.
The drafters anchored this process in Articles 145 and 181, complemented by the County Governments Act and the Impeachment Procedure Bill of 2018. Together, they designed a two-step procedure meant to uphold justice without destabilizing governance: an assembly initiates and approves a motion, then the Senate investigates and votes—requiring a supermajority to convict. Safeguards of natural justice ensure due process, demanding that charges be clear, evidence-based, and personally attributable.
On paper, it is a near-perfect balance between accountability and stability. In practice, however, the system has morphed into something far less noble.
Weaponised Politics in the Counties
Across devolved Kenya, County Assemblies have increasingly deployed impeachment as a political weapon. Many MCAs use it not to protect the Constitution but to punish governors who deny them budgetary perks, settle factional rivalries, or resist patronage demands. Allegations of extortion abound.
The Senate, ideally the impartial arbiter, often votes along party lines, undermining credibility further. The impeachment of Kericho Governor Erick Mutai—dominated more by political theatre than substantive evidence—is only the latest episode in a troubling trend that once saw governors like Martin Wambora, Ferdinand Waititu, and Mike Sonko ousted under questionable circumstances.
Instead of reinforcing good governance, impeachment has become a tool of instability. Development stalls, leaders govern in fear, and citizens watch institutions they voted for descend into gladiatorial arenas.
Courts Have Spoken, but…
Kenya’s courts have attempted to inject sobriety. Superior court rulings stress that impeachment must be tied to individual liability, not vague or collective accusations. Gross misconduct, judges have held, includes breaches of constitutional values, integrity provisions, and laws governing public finance.
But these judicial guardrails are inconsistently applied. Political assemblies often ignore or sidestep them, allowing flimsy motions to proceed and consuming precious legislative energy. The result is a vicious cycle: endless threats of removal, wasted public resources, and leaders too busy surviving political ambushes to serve their constituents.
The Governance Toll
The consequences are dire. Governors spend more time defending themselves from impeachment plots than executing development plans. Public trust erodes as citizens perceive elected institutions as self-serving rather than people-serving.
It is no wonder leaders like MP Sam Atandi have suggested scrapping the impeachment clause altogether. While that may sound radical, it reflects the frustration of a system hijacked by opportunism.
But abolition would be reckless. Without impeachment, Kenya would lose one of its most important checks against impunity. The country’s struggle with corruption, maladministration, and abuse of office makes retaining the clause essential. What is required is not removal but reform.
The Reform Agenda
Kenya must urgently recalibrate impeachment to restore its integrity. Several reforms stand out:
Independent vetting tribunal: Before any impeachment reaches the floor of an assembly, an impartial body should filter out frivolous or politically motivated motions.
Higher evidentiary standards: The threshold for admissibility should be tightened, closer to criminal proceedings than civil disputes.
Transparency and accountability: MCAs and senators should be required to declare conflicts of interest, while proceedings should incorporate mandatory public participation.
Citizen-driven accountability: Expanding recall provisions would empower voters to discipline leaders directly, reducing reliance on politicised assemblies.
These changes would strengthen impeachment as a tool of justice
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