“A DP can be impeached if there are grounds without affecting the presidency because you are impeached for breaching the constitution.”
When Siaya Senator James Orengo stirred up a political storm on Ruto’s impeachment, many Kenyans thought he was stretching too far. It has however emerged that this is constitutional.
Article 150 of the Kenyan constitution details under which circumstances a deputy president can be send packing without affecting his boss, the president.
The second in command can be dismissed on grounds of physical and mental incapacitation which may render him incapable of carrying on with his official duties.
Makueni MP and constitutional lawyer Dan Maanzo on Monday March 10th weighed into the weighty matter saying the DP can be sacked without affecting the president who can only be affected in the case of both having committed an impeachable offence.
“Does it mean that if the president dies, they die together? A DP can be impeached if there are grounds without affecting the presidency because you are impeached for breaching the constitution.
“Even in the case of a resignation, the presidency cannot be affected not unless he too is caught up in the case of gross violation alongside his deputy. The deputy president is actually impeachable,” Maanzu explained.
The Deputy President can also be dismissed if he is proved to have involved himself in breaking the law including gross misconduct. He can easily be removed if there are serious reasons to believe that he has committed a crime under the national or international law.
Further, the law is clear that after his removal, the head of state can nominate a person and fill the vacancy through the national assembly which has to act within sixty days of receiving the nomination.
However, the one assuming office as a replacement will be perceived to have served the whole term.
That said, the constitution allows the DP to resign from office at any given time by writing to the president.
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