Procedure to Be Followed in Removing Moses Kuria From Office

Trade CS Moses Kuria speaking to manufacturers at a hotel in Nairobi.
Trade CS Moses Kuria speaking to manufacturers at a hotel in Nairobi.
Twitter
Moses Kuria

Trade Cabinet Secretary, Moses Kuria, became the first member of President William Ruto's cabinet to face impeachment threats over the maize importation fiasco.

Led by Pokot South Member of Parliament Pkosing David and supported by a section of his United Democratic Alliance colleagues, the lawmakers announced that they would begin the process of collecting signatures to oust the CS. 

Should the MPs proceed with the motion, they must follow a detailed process as stipulated in the 2010 Promulgated Constitution.

Under Article 152, a CS can either leave office by resigning, being fired by the President or through removal by a parliamentary process.

Members of the 13th Parliament during President William Ruto's inaugural speech on September 29, 2022..jpg
Members of the 13th Parliament during President William Ruto's inaugural speech on September 29, 2022.
Photo
The National Assembly

In the parliamentary process, a motion will be sponsored by an MP and must be supported by at least a quarter of the house.

Since there are 349 MPs, at least 87 lawmakers will have to support the proposed motion. 

However, the motion must be based on substantiated grounds.

"The motion can be on grounds of a gross violation of a provision of this Constitution or of any other law; where there are serious reasons for believing that the Cabinet Secretary has committed a crime under national or international law; or for gross misconduct," reads the article in part.

In Kuria's case, the MPs stated that the maize arrived in the country unprocedurally - before a gazette notice was published, and the decision was not ratified by the cabinet.

Afterwards, the motion will then be considered on the floor of the house.

The motion will have to be supported by a third of the house (116 MPs) for it to sail through to the next step.

'If a motion under clause (6) is supported by at least one-third of the members of the NA, the assembly shall appoint a select committee comprising eleven of its members to investigate the matter.

"The select committee shall, within 10 days, report to the assembly whether it finds the allegations against the Cabinet Secretary to be substantiated," reads the constitution in part.

During the proceedings, the CS will have the right to appear for the proceedings, and in the event the grounds are determined to be substantiated, the CS will have an opportunity to explain his or her actions.

A vote will then be done in the August House on whether the CS should be removed. The report must be adopted by the majority.

The decision is then to be communicated to the appointing authority - the President, who is then required to dismiss the affected CS.

President William Ruto addresing the Kenya Kwanza parliamentary group on Wednesday, November 16, 2022..jpg
President William Ruto addressing the Kenya Kwanza parliamentary group on Wednesday, November 16, 2022.
PCS