Former President of the Law Society of Kenya (LSK), Eric Theuri has proposed that a formal process should be established to oust a president who becomes extremely unpopular, even if they still have several years left in office.
Speaking during a local TV interview on Wednesday, October 16, 2024, Theuri emphasized that the removal process, which currently includes impeachment, needs reform.
He argued that the country must have a more effective mechanism to hold a president accountable if the public or key representatives no longer back them.
“If you have a sitting president who is extremely unpopular, who has lost support in the country, there must be a mechanism [through which] the president can be removed, even if he has four years to his term,” Theuri stated.
He added that impeachment should be a viable option in such cases.
The former LSK boss also questioned the safeguards in the political process, highlighting the need for reforms to ensure that a president can be removed if they no longer commands the people’s confidence.
He pointed out the role of the National Assembly in representing the people’s will, emphasizing the importance of securing sufficient support from the members of parliament during such crucial decisions.
“The process of removal is impeachment. What is the safeguard of Article 38 that has been given? You must at least get one-third of the members, if you don’t get that you are removed,” he noted, adding that the political process should prioritize the confidence-building of the leadership within the country.
DP impeachment
This discussion comes at a critical moment, as Deputy President Rigathi Gachagua’s political career faces uncertainty after 282 members of the National Assembly voted for his impeachment. The case is now with the Senate, awaiting further deliberation.
The High Court rejected Deputy President Rigathi Gachagua’s request for conservatory orders to halt his impeachment proceedings in the Senate.
In a decision delivered on Tuesday, October 15, Justice Chacha Mwita denied Gachagua’s legal team’s petition for the orders but acknowledged that some of the issues they raised were significant.
“After reviewing the application and the arguments from both sides, the request for a conservatory order is declined,” Justice Mwita stated.
Gachagua had lodged 26 legal challenges contesting the legitimacy and procedure of his impeachment.