President Uhuru wrong on claims that Jubilee could easily impeach Raila Odinga

By / September 11, 2017 : 16:53 / POLITICS / No Comments
President Uhuru wrong on claims that Jubilee could easily impeach Raila Odinga

IMPEACHING THE PRESIDENT.. Here is what the constitution says:
Article 145 and 146 and part of 147 of chapter 9 the constitution.

If  a President is impeached, his deputy will assume office for the remainder of the term and is allowed to run for another term or two.
CHAPTER 9: THE EXECUTIVE.
145. REMOVAL OF PRESIDENT BY IMPEACHMENT.
(1) A member of the National Assembly, supported by at least a third of all the members, may move a motion for the impeachment of the President–
(a) on the ground of a gross violation of a provision of this Constitution or of any other law;
(b) where there are serious reasons for believing that the President has committed a crime under national or international law; or
(c) for gross misconduct.

VIDEO COURTESY NTV KENYA:

(2) If a motion under clause (1) is supported by at least two-thirds of all the members of the National Assembly —
(a) the Speaker shall inform the Speaker of the Senate of that resolution within two days; and
(b) the President shall continue to perform the functions of the office pending the outcome of the proceedings required by this Article.
(3) Within seven days after receiving notice of a resolution from the Speaker of the National Assembly–
(a) the Speaker of the Senate shall convene a meeting of the senate to hear charges against the President; and
(b) the Senate, by resolution, may appoint a special committee comprising eleven of its members to investigate the matter.
(4) A special committee appointed under clause (3) (b) shall —
(a) investigate the matter; and
(b) report to the Senate within ten days whether it finds the particulars of the allegations against the President to have been substantiated.
(5) The President shall have the right to appear and be represented before the special committee during its investigations.
(6) If the special committee reports that the particulars of any allegation against the President –
(a) have not been substantiated, further proceedings shall not be taken under this Article in respect of that allegation; or
(b) have been substantiated, the Senate shall, after according the President an opportunity to be heard, vote on the impeachment charges.
(7) If at least two-thirds of all the members of the Senate vote to uphold any impeachment charge, the President shall cease to hold office.


146. VACANCY IN THE OFFICE OF PRESIDENT
(1) The office of President shall become vacant if the holder of the office–
(a) dies;
(b) resigns, in writing, addressed to the Speaker of the National Assembly; or
(c) otherwise ceases to hold office under Article 144 or 145 or under any other provision of this Constitution.
(2) When a vacancy occurs in the office of President —
(a) the Deputy President shall assume office as President for the remainder of the term of the President; or
(b) if the office of Deputy President is vacant, or the Deputy President is unable to assume the office of President, the Speaker of the National Assembly shall act as President and an election to the office of President
shall be held within sixty days after the vacancy arose in the office of President.
(3) A person who assumes the office of President under clause (2) (a), or following an election required by clause (2) (b), shall, unless otherwise removed from office under this Constitution, hold office until a newly elected President is sworn in following the next regularly scheduled election under Article 136(2)(a).

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(4) If the Deputy President assumes office as President under clause (2) (a), or a person is elected to the office of President under clause (2) (b), the Deputy President, or the person elected, shall be deemed for the purposes of Article 142 (2)–
(a) to have served a full term as President if, at the date on which the person assumed office, more than two and a half years remain before the date of the next regularly scheduled election under Article 136 (2)(a); or
(b) not to have served a term of office as President, in any other case.

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