PART XIV - PROCEDURE FOR REMOVAL FROM OFFICE

PART XIV- PROCEDURE FOR REMOVAL FROM OFFICE

Procedure for removal of the Speaker and Deputy Speaker

64. (1) “Subject to Section 11 of the County Governments Act and section 21 of the

Elections Act” before giving the notice of motion contemplated under section 21(5) (c) of the Elections Act and section 11 of the County Governments Act, the member shall deliver to the Clerk a copy of the notice of motion in writing stating the particulars upon which the proposal is made.

(2) A notice for a motion for removal of the Speaker shall be signed by the proposing member, in affirmation that the particulars of the allegations or claims contained in the motion are true to the member’s own knowledge.

(3) The Clerk shall satisfy himself that –

(a) the notice of motion is in order as to form and style; and,

(b) the notice of motion has been signed by the proposing member and by at least a third of all the members of the county Assembly.

(4) For purposes of this Standing Order, the Clerk shall provide a form which shall contain on each page, the title of the motion, and such other necessary information.

(5) The Clerk shall present the motion to the Speaker for approval, who shall dispose of the motion within seven days.

(6) Within seven calendar days upon approval of the notice of motion by the Speaker, a member who has obtained approval to move a motion for removal of Speaker shall give a three days’ notice of his or her intention to move such motion and shall, in so doing, state the particulars or claims contained in the motion.

(7) Where the notice of motion to remove the Speaker contains a claim of

(a) gross misconduct;

(b) gross violation of the Constitution or any law;

(c) abuse of office; or,

(d) incompetence

the Assembly shall, upon giving of the notice, appoint an ad hoc committee to investigate the claim or claims, in which case the provisions of Standing Order 65 (Ad hoc Committee on removal of Speaker) shall apply.

Adhoc Committee on removal of Speaker

65. (1) An ad hoc committee to investigate a claim or claims under paragraph (7) of Standing Order 64 (Procedure for removal of the Speaker and Deputy Speaker) shall comprise of five members appointed by the Assembly upon a motion by the Leader of the Majority Party.

(2) The Deputy Speaker, the Member who gave the notice of the motion, the Leader of the Majority Party, the Majority Party Whip, the Leader of the Minority Party and the Minority Party Whip and any other member appointed under these Standing Orders to the Speakers panel, shall not be eligible to be Members of the ad hoc Committee.

(3) As soon as the ad hoc committee is properly constituted, the Committee shall elect a chairperson from amongst the Members appointed under paragraph (1) of this standing order and shall, within fourteen days, inquire into the claim or claims and table a report before the Assembly.

(4) Before making its report to the Assembly, the ad hoc committee shall accord the Speaker an opportunity to appear before it in person or by counsel or by both person and counsel to respond to the grounds and particulars upon which the proposal is made.

Debating the motion for removal of speaker

66. (1) The Deputy Speaker shall preside when the Assembly is considering a motion for a resolution to remove the Speaker.

(2) if for any reason the Deputy Speaker is unable to preside, any member of the Speakers Panel shall preside over the sitting of the Assembly.

(3) Whenever the report of an adhoc Committee to investigate claims for removal of the Speaker -

(a) finds the claims not to be substantiated, the Chairperson shall, within three days following the findings of the ad hoc Committee, table the report of the Committee before the Assembly and by way of a statement, make the fact known to the Assembly and no further proceedings on the matter shall be allowed in the Assembly;

(b) finds the claims to be substantiated, the Assembly shall, after seven days following the tabling of the report, debate the motion for removal of Speaker and vote on whether to remove the Speaker, in which case, the provisions of paragraph (5) and (6) shall apply.

(4) The Speaker shall be availed with a copy of the report of the ad hoc Committee, together with any other evidence adduced and such note or papers presented before the Committee at least seven days before debate on the motion.

(5) Whenever the Assembly debates a motion for removal of the Speaker, opportunity to respond to the claims shall be accorded to the Speaker as follows –

(a) upon the question for the motion being proposed; and,

(b) at the conclusion of debate before the mover replies.

(6) The Speaker may be removed from office by the Assembly through a resolution supported by not less than two thirds of all the Members of the County Assembly

Proceedings when the Speaker is being investigated and application of other provisions

67. (1) The provisions of paragraphs (2) and (3) of Standing Order 63(Definition of a Special Motion) shall apply to a notice of motion or a motion for removal of the Speaker.

(2) The provisions of paragraph (3) (c) and (e) of Standing Order 49(Notices of Motions) shall not apply to a notice of motion under this Part.

Resignation of the Speaker

1. (1) The Speaker may resign from office in a letter addressed to the Assembly.

(2) The office of the Speaker shall be deemed to have become vacant by way of resignation upon the conveyance of the letter to the assembled Assembly by the Deputy Speaker or a member of the Speakers Panel.

Proceedings in the case of a vacancy in the office of the Speaker

69. (1) If the office of the Speaker falls vacant at any time before expiry of the term of the Assembly, the Deputy Speaker shall preside over the Assembly business until after the election of a new Speaker within 30 days.

(2) For purposes of paragraph (1) of this Standing Order and paragraph (2) of the First Schedule to the Elections Act, if the office of the Speaker falls vacant at any time, the business to be transacted shall only be that of the election of a new Speaker.

Procedure for Removal of the Deputy Speaker

70. (1) The procedure for removal of the Speaker shall apply with the necessary

modifications to the removal of the Deputy Speaker.

(2) Subject to Section 21 of the Elections Act and Section 11A of the County Governments Act, the office of Deputy Speaker of a County Assembly shall become vacant—

(a) if the office holder vacates office;

(b) if the County Assembly resolves to remove the office holder by a resolution supported by the votes of at least two-thirds of its members;

(c) if the office holder resigns from office in a letter addressed to the County Assembly;

(d) where the office holder violates the Constitution;

(e) in the case of gross misconduct on the part of the office holder;

(f) where the office holder is incapable, owing to physical or mental infirmity, to perform the functions of the office;

(g) where the office holder is bankrupt;

(h) where the office holder is sentenced to a term of imprisonment of six months or more;

(i) where the relationship between the Speaker and the Deputy Speaker breaks down interfering with the effective performance of the duties of the office; or

(j ) if the officer holder dies.

Removal of the appointed Members of the County Assembly Service Board

71. (1) Pursuant to section 12(5) (b) of the County Governments Act, and Section 10 of the County Assembly Services Act of a member may petition the Assembly to revoke the appointment of an appointed member of the County Assembly Service Board.

(2) In addition to complying with the provisions of paragraphs (a), (b), (c), (d), (e), (g), (h), (i), (j), (l) and (m) of Standing Order 212(Form of petition), a petition to the Assembly for revocation of the member of the Assembly Service Board representing the public –

(a) shall name the member in question and indicate the grounds for the intended revocation; and,

(b) may contain affidavits or other documents annexed to it.

(3) The provision of paragraph (1), (3), (4) and (5) of Standing Order 209(Submission of a Petition), Standing Order 211(Notice of Intention to Present Petition), Standing Order 213(Presentation of Petitions) and Standing Order 215 (Comments on Petitions), shall apply to a Petition under this Standing Order.

(4) A Petition for revocation of the appointment of such member of the County Assembly Service Board shall, upon being presented in the Assembly, stand committed to an ad hoc Committee.

(5) The provisions relating to appointment of an adhoc Committee to investigate claims for removal of County Executive Committee Member shall apply to the appointment of an ad hoc Committee to investigate a claim for the revocation of appointment of a Member of the Assembly Service Board.

(6) Upon receipt of a petition under paragraph (4), the ad hoc Committee shall investigate the matter and shall, within fourteen days, report to the Assembly whether the Committee recommends the revocation of the appointment.

(7) A member of the Assembly Service Board whose petition for revocation of appointment has been presented to the Committee has the right to appear and be represented before the Committee during its investigations.

(8) The Assembly shall, within seven days of the tabling of the report of the committee under paragraph (6) consider the report and take a vote on the resolution to revoke the appointment.

(9) Where the County Assembly resolves that a petition discloses a ground for revocation of the appointment of the external member of the County Assembly Service Board, the appointment of the member shall stand so revoked and the Speaker shall, for purposes of information, convey the decision of the Assembly to County Assembly Service Board.

Procedure for removal of the Governor on grounds of incapacity

72. (1) Before giving notice of Motion under section 33 of the County Governments Act, the member shall deliver to the Clerk a copy of the proposed Motion in writing stating the grounds and particulars upon which the proposal is made, and signed by the member; and the Clerk shall submit the proposed Motion to the Speaker for approval.

(2) A member who has obtained the approval of the Speaker to move a Motion under paragraph (1) shall give a seven (7) days’ notice calling for investigation of the Governor’s physical or mental capacity to perform the function of the office.

(3) Upon the expiry of seven (7) days, after notice given, the Motion shall be placed on the Order Paper and shall be disposed of within three days; provided that if the Assembly is not then sitting, the Speaker shall summon the Assembly to meet and cause the Motion to be considered at that meeting after notice has been given.

(4) When the Order for the Motion is read, the Speaker shall refuse to allow the member to move the Motion, unless the Speaker is satisfied that the member is supported by at least a third of all members of the Assembly to move the motion:

(5) Within the seven days’ notice, the Clerk shall cause to be prepared and deposited in his office a list of all Members of the Assembly with an open space against each name for purposes of appending signatures, which list shall be entitled “SIGNATURES IN SUPPORT OF A MOTION FOR REMOVAL OF THE GOVERNOR ON GROUNDS OF INCAPACITY”

(6) The mover shall provide to the Speaker, at least one hour before the sitting of the Assembly, a list signed by members in support of the Motion.

(7) Any signature appended to the list as provided under paragraph (5) shall not be withdrawn.

(8) When the Motion has been passed by two thirds of all members of the Assembly, the Speaker shall inform the Speaker of the Senate of that resolution within two days.

Procedure for removal of Governor by impeachment

73. (1) Before giving notice of Motion under, section 33 of the County Governments Act, the member shall deliver to the Clerk a copy of the proposed Motion in writing stating the grounds and particulars upon which the proposal is made, for the impeachment of the Governor on the ground of a gross violation of a provision of the Constitution or of any other law; where there are serious reasons for believing that the Governor has committed a crime under national or international law; or for gross misconduct or abuse of office. The notice of motion shall be signed by the member who affirms that the particulars of allegations contained in the motion are true to his or her own knowledge and the same verified by each of the members constituting at least a third of all the members and that the allegations therein are true of their own knowledge and belief on the basis of their reading and appreciation of information pertinent thereto and each of them sign a verification form provided by the Clerk for that purpose.

(2) The Clerk shall submit the proposed motion to the Speaker for approval.

(3) A member who has obtained the approval of the Speaker to move a Motion under paragraph (1) shall give a seven (7) days’ notice calling for impeachment of the Governor.

(4) Upon the expiry of seven (7) days, after notice given, the Motion shall be placed on the Order Paper and shall be disposed of within three days; Provided that if the Assembly is not then sitting, the Speaker shall summon the Assembly to meet on and cause the Motion to be considered at that meeting after notice has been given.

(5) When the Order for the Motion is read, the Speaker shall refuse to allow the member to move the Motion, unless the Speaker is satisfied that the member is supported by at least a third of all members of the Assembly to move the motion; provided that within the seven days’ notice, the Clerk shall cause to be prepared and deposited in his office a list of all members of the Assembly with an open space against each name for purposes of appending signatures, which list shall be entitled “ SIGNATURES IN SUPPORT OF A MOTION FOR REMOVAL OF GOVERNOR BY IMPEACHMENT”

(6) Any signature appended to the list as provided under paragraph (5) shall not be withdrawn.

(7) When the Motion has been passed by two-thirds of all members of the Assembly, the Speaker shall inform the Speaker of the Senate of that resolution within two days

Procedure for removal of Deputy Governor

74. The Standing Orders relating to removal of Governor shall apply, with the necessary modifications, to the removal of the Deputy Governor.

Procedure for removal of Member of County Executive Committee

75. (1) Before giving notice of Motion under section 40 of the County Governments Act, the member shall deliver to the Clerk a copy of the proposed Motion in writing stating the grounds and particulars upon which the proposal is made, for requiring the Governor to dismiss a Member of County Executive Committee on ground of a gross violation of a provision of the Constitution or of any other law; where there are serious reasons for believing that the member of county executive has committed a crime under national or international law; or for gross misconduct. The notice of Motion shall be signed by the member and the Clerk shall submit the proposed Motion to the Speaker for approval.

(2) A member who has obtained the approval of the Speaker to move a Motion under paragraph (1) shall give a three (3) days’ notice calling for dismissal of a Member of County Executive Committee by the Governor.

(3) Upon the expiry of three (3) days, after notice given, the Motion shall be placed on the Order Paper and shall be disposed of within three days;

(4) When the Order for the Motion is read, the Speaker shall refuse to allow the member to move the Motion, unless the Speaker is satisfied that the member is supported by at least one-quarter of all members of the Assembly to move the Motion. Provided that within the seven days’ notice, the Clerk shall cause to be prepared and deposited in his office a list of all members of the Assembly with an open space against each name for purposes of appending signatures, which list shall be entitled “SIGNATURES IN SUPPORT OF A MOTION FOR REMOVAL OF Mr./Mrs./Ms----------------------- MEMBER OF COUNTY EXECUTIVE COMMITTEE”

The Mover shall provide to the Speaker, at least one hour before the sitting of the Assembly, a list signed by members in support of the Motion.

(5) Any signature appended to the list as provided under paragraph (4) shall not be withdrawn.

(6) When the Motion has been passed by at least one-third of all members of the Assembly, the Assembly shall, within seven (7) days, appoint a special committee comprising of five Members of the County Assembly to investigate the matter; and shall, within ten days, report to the Assembly whether it finds the allegations against the Member of County Executive to be substantiated.

(7) The Member of County Executive has the right to appear and be represented before the select committee during its investigations.

(8) No further proceedings shall be taken on the matter if the select committee finds the allegations unsubstantiated.

(9) If the select committee reports that it finds the allegations substantiated, the Assembly shall afford the Member of County Executive an opportunity to be heard and vote whether to approve the resolution requiring the Member of County Executive to be dismissed.

(10)If a resolution requiring the Governor to dismiss a Member of County Executive is supported by a majority of the members of the Assembly the Speaker shall promptly deliver the resolution to the Governor and the Member shall be considered dismissed.

Procedure on Removal of a Member of the County Public Service Board

76. (1) Pursuant to section 58(5) of the County Governments Act, the Assembly may, by a

vote supported by not less than seventy five percent of all the members of the County Assembly, resolve to remove a member of the County Public Service Board.

(2) A person desiring to cause the Assembly to resolve to remove a member of the County Public Service Board shall submit a petition containing the specific grounds and allegations requesting the County Assembly to recommend the removal of the member of the County Public Service Board.

(3) In addition to complying with the provisions of paragraphs (a), (b), (c), (d), (e), (g), (h), (i), (j), (l) and (m) of Standing Order 212(Form of petition), a petition to the Assembly under this standing order –

(a) shall name the member in question and indicate the grounds for the removal; and,

(b) may contain affidavits or other documents annexed to it.

(4) The provisions of paragraph (1),(3), (4) and (5) of Standing Order 209(Submission of a Petition), Standing Order 211(Notice of Intention to Present Petition), Standing Order 214(Presentation of Petitions) and Standing Order 215(Comments on Petitions), shall apply to a Petition under this Standing Order.

(5) A Petition for the removal of a member of the County Public Service Board shall, upon presentation in the Assembly, stand committed to the Sectoral Committee dealing with matters of county public service and administration.

(6) Upon receipt of a petition under paragraph (5), the Committee shall investigate the matter and shall, within ten days, report to the Assembly whether the petition discloses grounds for removal under Article 251(1) of the Constitution.

(7) A member of the County Public Service Board whose petition for removal has been presented to the Committee has the right to appear and be represented before the Committee during its investigations.

(8) The Assembly shall, within fourteen days of the tabling of the report of the committee under paragraph (6) consider the report and resolve whether or not the petition discloses a ground for removal under Article 251(1) of the Constitution.

(9) Where the Committee finds that the petition does not disclose a ground for

removal under Article 251 (1) of the Constitution, no further proceedings in the Assembly shall be taken on the matter.

(10) Where the Assembly, by a vote supported by not less than seventy five percent of all the members of the Assembly, resolves that a petition for removal of a member of the County Public Service Board discloses a ground for the removal, the Speaker shall, within seven days of the resolution, transmit the resolution to the Governor informing the Governor of the decision

Right to be heard

77. (1) Whenever the Constitution, any written law or these Standing Orders –

(a) requires the Assembly to consider a petition or a proposal for the removal of a person from office, the person shall be entitled to appear before the relevant Committee of the Assembly considering the matter and shall be entitled to legal representation;

(b) requires the Assembly to hear a person on grounds of removal from office, or in such similar circumstances, the Assembly shall hear the person-

(i) at the date and time to be determined by the Speaker;

(ii) for a duration of not more two hours or such further time as the Speaker may, in each case determine; and

(iii) in such other manner and order as the Speaker shall, in each case, determine.

(2) The person being removed from office shall be availed with the report of the select Committee, together with any other evidence adduced and such note or papers presented to the Committee at least three days before the debate on the Motion.

Priority of Motion

78. (1) A Motion for the removal of a person from office under this Part shall take

precedence over all other business on the Order Paper for the day.

(2) During the debate any Member may, with the permission of the Speaker and on

giving adequate notice, produce additional evidence in support of his or her argument.

(3) When the Speaker is satisfied that the Motion has been adequately debated, the

Speaker shall call upon the person who is being removed from office to answer issues raised in the debate, and thereafter call upon the mover of the Motion to reply.