The Independent Electoral and Boundaries Commission (IEBC) court cases of impeachment involving governors be dispensed of within six months.
Appearing before the Senate Committee on Justice, Legal Affairs and Human Rights, IEBC said there should be a period within which an impeachment case in court ought to have been completed.
“Once you lock the timeline, it means that the courts have a period within which if they do not deal with the matter conclusively, then the governor will be declared not fit to hold office,” said Ruth Kavuo, who is from IEBC’s legal department.
The proposal by the commission came after Isiolo Senator Fatuma Dullo sought to know why impeached governors run back to their offices once they move to court.
“When a governor is impeached, they rush to court and go back to office as if nothing happened. Case in point is the Meru County. The Gazette notice relaying the decision of the Senate was out there before the court order, but the governor ran back to the office,” she explained.
IEBC appeared before the committee to give views on the County Government's (State Officer’s Removal from Office) Procedure Bill, 2024.
The Bill seeks to provide an elaborate and expanded procedure for the impeachment of County Governors and their Deputies, County Executive Member, County Secretary and County Assembly Speaker and their Deputies.
The Bill sponsored by Kiambu Senator Karungo Thangwa seeks to protect governors from being impeached before serving six months or more.
The Senate recently upheld the impeachment of Meru Governor Kawira Mwangaza who obtained orders halting her removal from office.
Mwangaza later returned to her office.
Apart from Mwangaza, the other governors who have sought reprieve from courts include former Wajir Governor Mohamed Mohamud and his Embu counterpart Martin Wambora.
IEBC further proposed that the process of impeaching governors be done after two years of being in office as is the case for MPs and senators.
Council of Governors in submissions to the committee proposed that the process of removing a governor from office should only commence 24 months after assumption of office.
CoG Chief Executive Office Mary Mwiti said this will ensure stability and continuity as the governor will have time to establish their administration and implement pledges without fear of being impeached.
