As you are aware, opposition announced this week that they have launched an initiative to remove President William Ruto from office. They will do this alongside the weekly dose of maandamano they joyfully serve us in the streets. They claim that Ruto’s presidency was a fatal mistake and so the panacea is to get rid of him.
In furtherance of their goal they unveiled an online platform dedicated to collection of signatures from Kenyans who are in support of their proposal. One after the other, the opposition top brass led by example by being the first ones to append their signatures. This, they reckon, is the last stroke that will break the camel’s back
The citizen’s initiative christened “Tumechoka” (we are tired) is geared towards collecting 15 million signatures to force the President out of office, a tall order if you ask me, but one which they’re determined to accomplish. They cling on the high cost of living and Finance Act, 2023 as the triggers behind their renewed offensive against the government.
They believe—and they are telling their supporters so—that Kenya Kwanza government is to blame for the travails facing Kenyans. The opposition is painting a picture of a gloomy future, that of hopelessness and desperation.
Indeed, listening to them, one would be forgiven to think that Kenya is doomed and that it is just a matter of time before the country collapses under the weight of Kenyans’ frustrations. The folks in opposition make it look like President Ruto found a booming economy where Kenyans were enjoying milk and honey then deliberately ruined it within months.
Nothing could be further from the truth. The fact is that the economic outlook of the country when Ruto took power was anything but impressive. It is also a fact that on assuming office the current government rolled out various interventions aimed at stabilising the economy.
Unfortunately, this is a discussion the opposition is not prepared to have because of the feeling of guilt on their side. The question we need to ask ourselves is whether the opposition’s move to collect signatures with the intention of removing the President from office has any bearing in law.
The answer to this question is found in articles 144, 145 and 146 of the Constitution of Kenya 2010. Article 144 (1) states that a member of the National Assembly, supported by at least a quarter of all the members, may move a motion for the investigation of the president’s physical or mental capacity to perform the functions of office.
If the motion receives support of majority of all members, the Chief Justice, upon receipt of a notice from the speaker, will form a tribunal to inquire into the allegations raised in the motion. The tribunal must submit its report within 14 days. The speaker shall then cause the report of the tribunal to be tabled before the National Assembly within seven days after receiving it.
The tribunal’s findings will be final if it reports that the president is fit as a fiddle to hold office. No appeal can be lodged against its verdict. Nonetheless, if the tribunal finds the president incapable of performing the functions of office, the National Assembly will take a vote on whether to ratify the report or not.
Article 145 of the Constitution states that the president can also be removed from office by way impeachment. Under the article, a member of the National Assembly, supported by at least a third of all the members, may move a motion for the impeachment of the president on the ground of a gross violation of a provision of the constitution or of any other law.
A motion of impeachment can also be tabled where there are serious reasons for believing that the President has committed a crime under national or international law or for gross misconduct.
Finally, as Article 146 stipulates, the Office of President shall become vacant if the holder of the office dies; if the holder of the office resigns, in writing, addressed to the Speaker of the National Assembly; or otherwise ceases to hold office under Article 144 or 145 or under any other provision of the Constitution.
There is no ambiguity in the manner in which the president can be removed from office or confusion in the manner in which a vacancy may arise in the Office of the President. Our constitution does not envisage a situation where the president will cease to hold office by virtue of collection of signatures against him or her.
The opposition’s initiative is thus ludicrous and bears all the hallmarks of an exercise in futility and a stretch of imagination. Like their hitherto signature collection ventures, Tumechoka signature collection initiative is a wild goose chase that will not see the light of the day.
MDG party leader and Ugenya MP