Nakhumicha’s looming impeachment

Embakasi East Member of Parliament (MP) Paul Ongili alias Babu Owino has tabled a motion in Parliament seeking to remove Health Cabinet Secretary (CS) Susan Nakhumicha from office.

Babu Owino’s ouster motion against the Health CS is based on two grounds; gross violation of the constitution and incompetence, which begs the question; are these viable reasons?

There are three ways in which the office of a CS can be declared vacant:

1. Impeachment

2. If they resign by delivering a written statement of resignation to the President

3. If they are dismissed by the President

This is what it will take for Babu Owino’s motion to go through in the National Assembly according to Article 152 of the Constitution:

An MP has to be supported by at least one quarter of all members of the Assembly.

The motion has to be on the grounds of:

• Gross violation of a provision of the Constitution

• Where there is serious reasons for believing that the Cabinet Secretary has committed a crime under national or international law

• Or

• For gross misconduct

So what is the procedure for impeachment?

• If at least one-third of the members of the National Assembly support the impeachment motion then:

• The Assembly appoints a select committee of eleven members to investigate the matter.

• The select committee is then expected to table its findings before the National Assembly within ten days

• As the CS is being investigated, she has the right to appear before the select committee

• If the select committee finds the claims unsubstantiated, no further proceedings occur.

• However, if they find the claims substantiated then the National Assembly is expected to:

• Afford the CS an opportunity to present her defence

• Vote on whether to approve the resolution requiring the dismissal of the CS.

• If the majority vote to impeach her, the National Assembly Speaker is expected to deliver the resolution to the President. The President is then expected to dismiss the CS.

According to Babu Owino, his motion has received the support of 111 MPs. “As a result of the doctors’ strike, a majority of Kenyans’ right to life as well as the right to the highest attainable standard of health has been grossly violated,” stated Babu.

“Since the strike began on 15th March 2024, scores of Kenyans have been unable to access medical care, and in some dire cases, some have even lost their lives.”