Former National Assembly Majority Leader and current Environment Cabinet Secretary Hon. Aden Duale Has opened up on Impeachment of Gachagua. Though his official socials, Duale asked Tana River Senator Mungatana not to proceed with censorship motion against deputy President.
He has however offered an advice on how the impeachment can be done if it it is to happen. Especially to someone holding powerful position like that of deputy President.
Duale has stated that the impeachment motion of deputy President can only originate from the National assembly of Kenya. The motion must be supported by at least a third of members before being voted by two thirds.
In this case, 233 members of national assembly will have to vote in agreement with ouster. Then, the impeachment motion will be sent to senate where they will vote either via committee of plenary to uphold or set aside the decision of national assembly.
By this, Tana River Senator has no power to sensor Deputy President Rigathi Gachagua. He will have to wait until the motion is filled at the national assembly before he can proceed as senator.
“To senator Mungatana, read the constitution: A motion for impeachment of the Deputy president can only originate in the National Assembly pursuant to Article 150 of the Constitution.The motion must be supported by one third which 117 Members and then supported by 233 Members of the National Assembly for it to pass.After passage in the National Assembly, it then makes its way to the Senate to be considered as appropriate including hearing by the Senate or special Committee and thereafter the Senate will vote on the charges if supported by two thirds of all the members of the Senate, the person shall stand impeached.The Senate cannot therefore initiate the motion.To note is that also only a Member of the Assembly can initiate the process.Free advice as a former Majority Leader.” Posted Duale.
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