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

Background

During the 12th Parliament, the Senate initiated the Impeachment Procedure Bill, 2018 to regulate the removal of State officers, but the bill lapsed at the end of the term. The need for a dedicated framework was highlighted during the impeachment proceedings of Meru County Governor Hon. Kawira Mwangaza. This led to a recommendation to split the proposal, resulting in the introduction of the County Governments (State Officers' Removal from Office) Procedure Bill, 2024. The Bill seeks to address existing gaps in the County Governments Act, No. 17 of 2012, such as short timelines, lack of uniform processes across counties, and insufficient public participation safeguards.

Key Amendments

County Governors and Deputy Governors

• No Plenary Hearings: The Bill proposes that all removal proceedings for governors (on grounds other than incapacity) be referred directly to a Senate Special Committee rather than being heard in plenary.
• Procedural Compliance Audit: Within 3 days of its first sitting, the Senate Special Committee must determine and report whether the county assembly complied with statutory procedures.
• Mandatory Voting: The Senate must vote on the Special Committee's report regardless of whether the committee finds the charges substantiated.

County Assembly Speakers and Deputy Speakers

• Special Committee Inquiry: Following a simple majority vote to consider removal, a special committee of not more than nine members must investigate the allegations.
• Two-Thirds Requirement: A two-thirds majority vote in the county assembly is required to approve the final removal of the speaker or deputy speaker.

Executive Committee Members and County Secretaries

• Inquiry Committee: The size of the county assembly investigating committee is expanded from five members to not more than nine members.
• Referral Back to Assembly: Under Clause 23, the governor is empowered to return a removal resolution to the county assembly with reservations for reconsideration.
• Deemed Dismissal: If the governor fails to dismiss the officer within 7 days of receiving the assembly's resolution, the officer is deemed dismissed automatically.

New Obligations

• Evidence of Compliance: The Speaker of the County Assembly must submit clear evidence of compliance with statutory procedures when presenting a removal resolution to the Speaker of the Senate.
• Mandatory Public Notice: Under Clause 35, both the county assembly and the Senate must publish notices of the date, place, and time of removal hearings in a newspaper of national circulation.
• Strict Judicial Timelines: Clause 37 establishes mandatory windows for legal challenges:
  • High Court review applications must be filed within 14 days and decided within 30 days.
  • Subsequent appeals to the Court of Appeal and Supreme Court must be filed within 14 days, with the Supreme Court required to issue its decision within 45 days.