Nasa responds to Uhuru's impeachment threat
President Uhuru Kenyatta introduced a twist in the State House
race when he said Jubilee MPs would impeach Mr Raila Odinga should he
win the election.
Jubilee commands a solid majority in the National Assembly and the Senate.
In a rejoinder, the National Super Alliance said the President’s threat was an act of desperation.
UHURU PANICS
Nasa principal Moses Wetang’ula questioned the basis for such a decision.
“It
clearly shows how ill-informed the President is about the
constitutional provision and the level of desperation he is showing by
pressing every panic button before going to the repeat election,” the
Bungoma senator told a press conference.
The President was addressing leaders from Machakos, Makueni and Kitui counties who promised to support his re-election bid.
STRENGTH
Mr Kenyatta wanted to know how Mr Odinga would lead the country, “considering that we have the majority of MPs and senators”.
He said the numbers could be made bigger should affiliate parties and independent candidates throw their weight behind Jubilee.
He
said with slightly less numbers in the 11th Parliament, determined
Jubilee-friendly MPs pushed through legislation under chaotic
circumstances.
“In the last Senate, we could not pass
Bills because we were evenly balanced. Today, we can do business in the
Senate without a Nasa member present.
"We don’t need
them. We are only 13 members shy of a two-thirds majority in the
National Assembly. We can even change the Constitution,” he said.
MOTION
“There is no need to fear even if he is elected. We have the opportunity within three months to impeach him.
“There is no need to fear even if he is elected. We have the opportunity within three months to impeach him.
"If
you splash the billions of shillings to be spent in the repeat election
that could be used for development on him, what is he going to do?”
The Constitution says a president can be removed from office on grounds of incapacity.
An
MP supported by at least a quarter of parliamentarians may move a
motion to investigate the president’s physical or mental capacity to
perform the functions of the office.
If the motion goes through, the Speaker writes to the Chief Justice informing him of the resolution.
PROCEDURE
The CJ then appoints a tribunal, which investigates and reports the matter within 14 days.
The CJ then appoints a tribunal, which investigates and reports the matter within 14 days.
The
report is final and not subject to appeal. If it finds that the
president is incapable of running the office, the National Assembly
votes on whether to ratify it.
If a majority of MPs vote in favour of ratifying the report, the president ceases to hold office.
The
Constitution also says the National Assembly may pass a motion to
impeach the president but it must be supported by at least a third of
the members.
It cites reasons for a presidential
impeachment as gross violation of the Constitution or if the head of
state has committed a crime.
DEFENCE
If the motion is supported by at least two thirds of the MPs, it is sent to the Senate, which must decide if the allegations can be substantiated.
If the motion is supported by at least two thirds of the MPs, it is sent to the Senate, which must decide if the allegations can be substantiated.
The National Assembly may appoint a committee to investigate the reports.
The president has the right to appear and be represented at the special committee during the investigations.
The Senate then considers its report, and may not proceed if the claims cannot be justified.
HOUSE SITTING
If the committee reports that allegations are justified, the Senate decides whether to vote to uphold the charges.
If the committee reports that allegations are justified, the Senate decides whether to vote to uphold the charges.
Nasa dismissed the President’s threat, saying there would be no reason to warrant the impeachment of a Raila presidency.
“What
charges would be levelled against Raila? That is a reckless speculation
that is not consistent with the conduct of a President,” Mr Wetang’ula
said.
Mr Kenyatta also dared Nasa lawmakers to make good on their threat to skip the first sitting of 12th Parliament.
“Well
done. Boycott! We have prepared the Bills. We want to dust and then
pass them. If they refuse, what is the problem?” he asked.
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