June 22, 2026

As political tensions and debates continue to ripple across Kenya following controversial legislative moves, a critical question has surfaced in public discourse, town halls, and social media spaces: Is it constitutionally viable to impeach a sitting president?

The Quick Take: Under Article 145 of the Constitution of Kenya 2010, removing a sitting President from office via impeachment is entirely possible but legally and politically monumental. It requires clear legal thresholds, the support of at least one-third of the National Assembly to initiate, a two-thirds supermajority to pass, and a subsequent trial and two-thirds vote in the Senate.

WHAT ARE THE ACTUAL GROUNDS FOR IMPEACHMENT?

According to Article 145 (1) of the Constitution, a Member of the National Assembly cannot just move an impeachment motion based on political unpopularity. The motion must be anchored strictly on one or more of three specific grounds:

• Gross Violation: A gross violation of a provision of the Constitution or of any other national law.
• Serious Crimes: Where there are serious reasons for believing that the President has committed a crime under national or international law.
• Gross Misconduct: Evidenced behavior that violates leadership and integrity standards, rendering the officeholder unfit for power.

THE STEP-BY-STEP PROCESS: HOW IT UNFOLDS

The constitutional framework lays out a dual-chamber process designed to ensure rigorous checks and balances before a Head of State can be removed:

Phase 1: The National Assembly (The Initiation)

1. The Notice: An MP drafts the motion, outlining the precise allegations, and must secure the signatures of at least one-third of all members (117 out of 349 MPs) just to introduce it to the floor.
2. The Vote: After debate, the motion requires a two-thirds supermajority (233 out of 349 MPs) to pass. If it achieves this, the Speaker of the National Assembly formally informs the Speaker of the Senate within two days.

Phase 2: The Senate (The Trial)

1. The Committee or Plenary: Within seven days, the Senate convenes. They can either hear the charges in full plenary or appoint an 11-member Special Committee to investigate the facts within 10 days.
2. The Final Verdict: The President retains the right to appear, testify, and be represented by legal counsel. For the impeachment to be finalized, at least two-thirds of all Senators (45 out of 67) must vote to uphold the substantiated charges. If they do, the President immediately ceases to hold office.

THE RECENT PRECEDENT AND POLITICAL REALITY

Impeachment in Kenya is no longer purely theoretical. The historic impeachment process of former Deputy President Rigathi Gachagua in late 2024 proved that when political alignments shift, Parliament can mobilize the necessary thresholds with astonishing speed.

However, a presidential impeachment carries vastly different national security and geopolitical weight. Securing a clean two-thirds majority in both houses requires an absolute breakdown of ruling coalition alliances—a hurdle that historically protects the Executive unless a profound, systemic political fracturing occurs.

THE JUDICIARY FACTOR: CORES IN COURT

Should an impeachment motion succeed in Parliament, the battlefield will instantly shift to the Supreme Court. Kenyan jurisprudence establishes that the courts retain the power of judicial review. The judiciary can scrutinize whether Parliament strictly adhered to due process, standing orders, and fair administrative action, potentially stalling or overturning the political verdict if procedural errors are uncovered.

FREQUENTLY ASKED QUESTIONS

If the President is successfully impeached, who takes over?

Under Article 146, the Deputy President immediately assumes office as President for the remainder of the term. If the Deputy President’s office is also vacant, the Speaker of the National Assembly acts as President, and a fresh presidential election must be held within 60 days.

Can the public directly recall or impeach the President?

No. Citizens cannot directly vote to impeach a president. The public can only lobby their respective Members of Parliament (MPs) and Senators to introduce and vote on the motion on their behalf.

Does an impeachment dissolve Parliament or the Cabinet?

No. Parliament remains intact. However, because the Cabinet Secretaries are direct appointees of the President under Article 152, an incoming President has the executive authority to dismiss or restructure the entire Cabinet.

SOURCES AND FURTHER READING

• The Constitution of Kenya, 2010 — Official Article 145 Transcript
• Parliament of Kenya: National Assembly Standing Orders
• Judicial Precedents on Impeachment and Due Process — Kenya Law Reports