Senate bill seeks higher threshold for impeaching CECs

Impeaching County Executive Committee (CEC) members will soon become a Herculean task for Members of the County Assembly (MCAs) if a new bill before the Senate becomes law.

The County Governments (Amendment) Bill, 2023, sponsored by Nandi Senator Samson Cherargei, seeks to tighten the threshold for the ouster of senior county officials.

CECs head various county executive dockets responsible for devolved functions as set out in the Fourth Schedule of the Constitution.

The bill aims to protect these officials from the wrath of ward representatives, who have been accused of introducing impeachment motions based on "political witch hunt and flimsy grounds" due to the current low threshold for such actions.

Section 40 of the County Governments Act allows a CEC member to be impeached by a vote of one-third of the Members of the County Assembly (MCAs).

The proposed amendment to Section 40 of the County Governments Act would increase the voting threshold in a County Assembly for the removal of an executive, who is the equivalent of cabinet secretaries in the national government, to two-thirds.

The bill is already in the Senate and the National Assembly for its first reading.

"This bill proposes to enhance the threshold of voting in a county assembly for the removal of a member of a county executive committee. It seeks to increase the threshold to two-thirds. Currently, Section 40 of the County Governments Act allows a CEC member to be removed by a vote of one-third of the MCAs)," reads part of the bill.

Under the proposed law, at least two-thirds of county assembly members will need to vote in favour of an impeachment motion to remove a CEC member.

The bill highlights the significant consequences of removing a CEC member and argues that the current threshold is too low.

Several CECs have faced impeachment by MCAs since the advent of devolution.

Recent instances include the failed ouster of Nakuru County Secretary Dr Samuel Mwaura, who sits in the Cabinet.

The motion against Dr Mwaura was sponsored by Menengai ward MCA Wilson Mwangi and supported by others, alleging his disregard for the assembly and involvement in the Nakuru War Memorial takeover saga.

The accusations included gross violation of various laws, including the County Administration Act, Leadership and Integrity Act, and County Assembly Powers and Privileges Act, as well as gross misconduct related to an alleged sponsorship of thugs to invade a hospital and transfer patients.

On October 25, 2023, Baringo MCAs attempted to remove a Roads CEC for keeping untrimmed beards.

The motion moved by Kisanana Ward MCA Jacob Cheboiwo argued that the executive had failed to maintain appropriate standards of dress and personal hygiene and had conducted himself in a manner unbecoming of a public office holder.

The motion failed after a vote presided over by Speaker Vincent Kemboi, where it garnered 18 votes against 22 with one abstention.

In February 2023, Nyamira MCAs impeached Finance Executive Emily Ongaga over accusations of gross misconduct and abuse of office, with 33 out of 35 MCAs present supporting the motion.

Similarly, a year earlier, Siaya County Assembly members successfully impeached Water CEC Caroline Onyango, with 39 out of 42 MCAs present voting for her removal.

To initiate the removal process, an MCA must propose a motion supported by at least one-third of all members requiring the governor to dismiss the CEC.

 Grounds for removal include gross violation of the Constitution or any other law, incompetence, abuse of office, gross misconduct, or conviction of an offence punishable by imprisonment for at least six months.

An MCA seeking to sponsor an impeachment motion must secure the signatures of at least one-third of the county assembly members. Once the motion is filed, a special committee of five members is set up to investigate the charges within 10 days.

The CEC has the right to appear and be represented before the committee. If the committee finds the allegations unsubstantiated, no further action is taken.

However, if the allegations are substantiated, the county assembly votes on the resolution. Currently, only one-third of the members need to support the motion for it to proceed, but the new proposal would require the support of two-thirds of the members.

If the MCAs vote in favour of the impeachment motion under the new threshold, the Speaker would promptly deliver the resolution to the governor to dismiss the CEC.