Process of Removing CS Moses Kuria From Office

Trade CS Moses Kuria during a meeting on the development of a masterplan for the Dongo Kundu SEZ, Export Processing Zones on June 19, 2023.
Public Service CS Moses Kuria during a meeting on developing a masterplan for the Dongo Kundu SEZ, Export Processing Zones on June 19, 2023.
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Moses Kuria

Update: Senators on Wednesday, November 8, once again called for the ouster of Public Service CS Moses Kuria, claiming that he was interfering with the impeachment hearing of Meru Governor Kawira Mwangaza. 


While that was a start, the process of impeaching a cabinet secretary through Parliament is a long, arduous one.

The Kenyan Constitution, under Article 152, gives the President sweeping powers to appoint, reassign or dismiss a CS at will.

Trade and Industry CS Moses Kuria speaks at the Qatar Economic Forum in Doha, Qatar, on May 24, 2023.
Public Service CS Moses Kuria speaks at the Qatar Economic Forum in Doha, Qatar, on May 24, 2023.
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Moses Kuria

The Article under Clause 6, however, provides an elaborate procedure Parliament can follow to remove a CS from office in case of gross violation of the Constitution, a crime under national or international law, and gross misconduct.

In case the CS is deemed to have violated any of the above, an MP supported by at least a quarter of the members of the National Assembly can propose a motion petitioning the President to dismiss the cabinet secretary.

Once the motion is filed, it must be supported by at least a third of the House. The Parliament then forms an 11-member committee to investigate the allegations levelled against the CS.

Within ten days, the committee is mandated by law to present its findings to Parliament. Should the committee substantiate the allegations, the whole House must then take a vote on the impeachment motion.

Should the case of Moses Kuria reach this stage, he will be allowed to defend himself before the committee as well as the entire National Assembly votes on whether to impeach him. The impeachment decision will then be determined by the majority members' vote - either to approve or reject the motion.

If the vote to impeach him sails through, Speaker Moses Wetangula will immediately write to President William Ruto on the resolutions of the House.

The Head of State will then use powers provided in Article 154 Clause 6(c) to dismiss the CS. 

Since the promulgation of the Kenyan Constitution (2010), no cabinet secretary has been impeached under the process.

President William Ruto leads cabinet in prayer at State House, Nairobi on Tuesday, May 16, 2023.
President William Ruto leads cabinet in prayer at State House, Nairobi on Tuesday, May 16, 2023.
PCS