NAIROBI,Kenya, March 22-West Mugirango MP Stephen Mogaka, who is also a lawyer, speaks on the impeachment of Kisii County Deputy Governor Robert Monda.
Mogaka says, “In replacing the Governor or his Deputy, there is a process followed.”
“In the Kisii County case, the process of removing Dr. Robert Monda as Deputy Governor of Kisii County is not yet over,” Mogaka says.
The grounds for removing the Governor and his Deputy must be met. The Kisii High Court will look into whether the process was followed.
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If the court finds the process was faulty, then Deputy Governor Robert Monda wasn’t given a fair hearing, and the court will overturn the County Assembly and Senate decision.
And if the court is satisfied with the decision by the County Assembly and Senate, then Monda’s fate will be sealed.
“If Dr. Robert Monda isn’t satisfied with the High Court decision, he will proceed to the Court of Appeal,” MP Mogaka adds.
Mogaka argues that when the process is over in court, that’s when the court will serve the order to the IEBC to gazette the new Deputy Governor.
Mogaka further says, currently, there is no vacancy in the Kisii Deputy Governor’s position; hence, Dr. Robert Monda is still in office.
Dr. Robert Monda lost his seat as Deputy Governor of Kisii on March 15, 2024, after the majority of Senators voted to uphold the four charges against him by the members of the Kisii County Assembly.
Attorneys for Robert Monda disclosed that they have requested ex-parte proceedings with Judge Teresa Odera at Kisii Law Courts, which were filed late on Tuesday, March 19, 2024.
“The application was indeed submitted, and the judge has set the hearing for March 26, 2024,” confirmed Wilkins Achoki, who is part of the legal team advocating for Dr. Monda.
Grounds and Procedure for the Impeachment of a Deputy Governor:
A Deputy Governor may face impeachment for constitutional breaches, legal infractions, international or national criminal offenses, misuse of authority, or severe misconduct.
Should such circumstances arise, Members of the County Assembly (MCAs) initiate the impeachment process by submitting a notice to the assembly’s speaker. The motion requires a two-thirds majority of all members to proceed.
Senate’s Involvement:
Upon successful motion passage in the county assembly, the assembly’s speaker must notify the Senate’s speaker in writing within two days.
The Senate’s speaker calls a session to deliberate on the charges presented by the county assembly. A special committee of eleven senators is formed to investigate the allegations within seven days of receiving the impeachment notice.
The committee has ten days to conduct its investigation and report back to the Senate. The report details whether evidence supports the charges against the Deputy Governor.
Throughout the process, the Deputy Governor is entitled to appear and be represented before the committee for defense.
If the committee finds no evidence, the impeachment process concludes. Conversely, if evidence is found, the Senate votes on the impeachment after ensuring the Deputy Governor has had a fair hearing.
A Senate majority vote in favor of impeachment results in the Deputy Governor’s removal from office. If the Senate rejects the charges, the Senate’s speaker informs the respective county assembly’s speaker.
Dismissed charges may be reintroduced in the assembly three months after the Senate’s rejection.
An upheld impeachment by the Senate creates a vacancy. The Governor must nominate a replacement Deputy Governor within 14 days, and the MCAs have 60 days to vote on the nomination.
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