Opposition Push to Remove Ruto: What the Law Says About President's Removal From Office

Opposition leaders and civil society groups have intensified calls for the removal of President William Ruto following his recent public outbursts during rallies in Kenya’s Western region.

However, Kenya’s legal framework sets a high threshold for removing a sitting president, and no head of state in the country’s history has ever been removed from office before completing their term.

Under the Constitution of Kenya 2010, there are only two legal pathways through which a president can be removed before the end of their term: incapacity under Article 144 and impeachment under Article 145.

Removal on grounds of incapacity applies where a president is found to lack the physical or mental ability to perform the functions of office.

The process begins in the National Assembly, where a member must table a motion supported by at least a quarter of all MPs. If a majority approves the motion, the Speaker notifies the Chief Justice within two days.

The Chief Justice then appoints a special tribunal within seven days to investigate the matter. The tribunal consists of medical practitioners, a legal expert, and a nominee of the president, and is required to submit its findings within fourteen days.

The report is final and cannot be appealed. If the tribunal concludes that the president is unfit to serve, the National Assembly votes on whether to adopt the findings, and a majority vote in favour leads to automatic removal from office.

The second route is impeachment, which is largely political in nature.

A Member of Parliament may introduce a motion supported by at least one-third of all MPs. The grounds for impeachment include gross violation of the Constitution or any other law, serious allegations of criminal conduct under national or international law, or gross misconduct.

If at least two-thirds of the National Assembly support the motion, the Speaker forwards it to the Senate within two days.

The Senate must then convene within seven days to consider the charges. Senators may appoint a special committee to investigate the allegations and report back within ten days, during which time the president has the right to appear and defend themselves.

If the Senate upholds any of the charges with a two-thirds majority, the president is removed from office.

Despite these provisions, the process remains lengthy and requires overwhelming political support in both houses of Parliament.

In practice, the most direct way for citizens dissatisfied with a sitting president to remove them from power remains through the ballot in a general election.

Kenya is expected to hold its next General Election in 2027, where voters will decide whether President Ruto should secure another term in office.



Post a Comment

Previous Post Next Post