The County Governments (State Officers' Removal from Office) Procedure Bill, 2024
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
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Final
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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.
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.
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.
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.
Bill No.
Senate Bills No. 34 of 2024
Gazette No.
Supplement No. 124 of 2024
Sponsor
Karungo Paul Thangwa
Background
Previously, the lack of a detailed, harmonized statutory framework for the removal of county state officers led to fragmented procedures across different counties. Each county assembly adopted its own rules through local standing orders, causing procedural inconsistencies and frequent court challenges. The County Governments (State Officers' Removal from Office) Procedure Bill, 2024, establishes a singular, legally sound national standard for the removal of county leaders to safeguard county stability and adhere to constitutional requirements.
Key Amendments
- Amendment of Cap 265 / County Governments Act (Act No. 17 of 2012): The Bill repeals conflicting and outdated provisions within the primary county governance legislation. Specifically, it deletes:
- Section 11(1)(c), (2), (3), (4), (5), (6), (7), and (8) (Vacation of office of speaker)
- Section 11A(1)(b) and (2) (Vacation of office of deputy speaker)
- Section 33 (Removal of a governor)
- Section 40 (Removal of member of executive committee)
New Obligations
For County Assemblies
- Public Participation: Within two days of a member giving notice of an impeachment motion, the clerk must advertise the particulars of the motion in at least one nationwide newspaper and two prominent county-wide local media outlets. The public must be given 14 days to submit written memoranda.
- Service of Notice: The clerk must formally serve the targeted officer with a copy of the motion and public submissions at least seven days before the debate, inviting them to appear and be heard.
- Neutrality: The Speaker of the County Assembly is legally mandated to maintain strict neutrality throughout all proceedings.
For the Senate
- Procedure Compliance Check: Upon receiving an impeachment resolution from an assembly, the Senate's special committee must first determine within three days whether the county assembly followed all procedural requirements before proceeding with substantive investigations.
For the Judiciary and Tribunals
- Medical/Legal Tribunal: The Chief Justice is obligated to constitute a five-member tribunal within seven days of receiving an assembly resolution concerning a governor's physical or mental incapacity.
Penalties and Thresholds
- Automatic Office Vacation: If a governor is impeached and a majority of the county delegations in the Senate vote to uphold the charges, the governor ceases to hold office immediately.
- Re-introduction Timelines: If an impeachment motion fails in the Senate, no similar motion on the same charges can be re-introduced in the assembly until 90 days have elapsed.
- Automatic CEC Dismissal: If a governor fails to dismiss a CEC member within seven days of an assembly resolution, the CEC member's office is automatically vacated.
Transitional Provisions
- Standing Orders Alignment: Both the Senate and all county assemblies are required to update their respective standing orders to align with the detailed removal procedures specified under this Act. In the event of any conflict, the provisions of this Act will prevail.
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