The County Governments (State Officers' Removal from Office) Procedure Bill, 2024

20 Jun 2024 domainSenate Senate Bills No. 34 of 2024 Gazette: Supplement No. 124 of 2024
View original PDF

Status Timeline

Proposed

Active now

Public Review

Pending

Debate

Pending

Executive

Pending

Final

Pending

1

New Six-Month Grace Period and Two-Thirds Assembly Vote for Governor Impeachment

The Bill introduces critical procedural safeguards for county governors:

  • Grace Period: No impeachment motion may be brought within the first six months of a governor assuming office.
  • Assembly Initiation: Initiating a motion requires the support of at least one-third of all county assembly members.
  • Assembly Vote: Passing the impeachment resolution requires a two-thirds majority vote of all assembly members.
  • Senate Process: The Senate must convene within 10 days of receiving the resolution and appoint an investigative special committee of up to 11 members, which must report within 14 days.
2

Five-Member Tribunal to Probe Governor's Physical or Mental Capacity

The Bill outlines a detailed process for removing a governor due to mental or physical incapacity:

  • Initiation: A motion supported by at least one-quarter of county assembly members is required.
  • Tribunal Appointment: If approved by a simple majority, the Chief Justice must appoint a five-member medical and legal tribunal within seven days.
  • Composition: The tribunal consists of a High Court advocate (nominated by the Law Society of Kenya), three medical practitioners (nominated by the Kenya Medical Practitioners and Dentists Council), and one nominee from the Council of Governors.
  • Timeline: The tribunal must investigate and submit its findings within 30 days.
3

Governor Must Dismiss CEC Members Within Seven Days of Assembly Resolution

Procedures for removing County Executive Committee (CEC) members and county secretaries are standardized:

  • Assembly Action: A motion supported by at least one-third of the assembly triggers an investigation by a special committee of up to nine members, reporting within 14 days.
  • Dismissal Mandate: If the assembly approves the dismissal resolution by a simple majority, the governor must dismiss the CEC member in writing within seven days. If the governor fails to act, the member automatically ceases to hold office upon the expiry of those seven days.
4

Judicial Appeals Fast-Tracked to Resolve Removal Disputes Within 45 Days

The Bill establishes strict timelines for judicial review of removal decisions to prevent prolonged leadership crises:

  • High Court Application: Affected officers may apply to the High Court for review within 14 days of the decision, and the court must hear and determine the application within 30 days.
  • Appeals: Any subsequent appeal to the Court of Appeal or Supreme Court must be filed within 14 days and resolved within 45 days.

Comments (0)

No comments yet. Be the first to start the discussion!