Khalwale scoffs at Raila's signature drive to oust Ruto

Says there's no legal provision for removal of President using signatures.

In Summary
  • A President can only be removed from office through impeachment or via a tribunal due to physical or mental incapacity.
  • Article 145 of the Constitution states that an MP, supported by at least a third of all MPs, can move a motion for the impeachment of the President.
Kakamega Senator Boni Khalwale
Kakamega Senator Boni Khalwale
Image: FILE

Kakamega Senator Boni Khalwale has laughed off Azimio leader Raila Odinga's 10 million signature collection campaign for "removing President William Ruto from office". 

Raila launched the signature collection drive on Friday at the historic Kamukunji grounds in a bid he said was aimed at withdrawing the people's sovereignty from Ruto and his regime.

This, he said, was in response to Ruto's introduction of new tax measures and his inability to lower the cost of living. 

"I will be the first to sign this petition to remove Ruto from power. I want by next month we get to 10 million signatories and get this rogue government out of power," Raila said at the grounds in Nairobi.

But Khalwale, laughed off Raila's mission saying a President cannot be kicked out of office other than clearly defined laws.

A President can only be removed from office through impeachment or via a tribunal due to physical or mental incapacity.

Article 145 of the Constitution states that a Member of Parliament, supported by at least a third of all MPs, can move a motion for the impeachment of the President.

Should the motion sail through, the President will continue holding office pending the determination of the impeachment by the Senate whose decision will be informed by recommendations of a committee that would be formed to investigate allegations levelled against the Head of State. 

The 11-member special committee is tasked to investigate and report to the Senate within 10 days on whether it finds the allegations against the President to have been substantiated.

Article 144 of the Constitution provides for the ouster of a president due to mental or physical incapacity hindering him from performing his duties.  

Should it sail through, the Chief Justice appoints a tribunal to investigate the alleged mental incapacitation and report back to the CJ and Speaker of the National Assembly within 14 days.

The House will vote on whether or not to ratify the report should it find that the president is incapacitated. 

"If a majority of all the members of the National Assembly vote in favour of ratifying the report, the President shall cease to hold office," the law says.

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