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The Nairobian

Explainer: Censure Vs impeachment motion in Kenya

Fact Check

By Anthony Makokha | Oct 02, 2024

**When Deputy President Rigathi Gachagua invited President William Ruto to make his remarks in a previous function.** [File, Standard]

The current political situation in Kenya has brought into the limelight the conduct of public officers and the mechanisms that exist to deal with them. With parliament facing a proposed Censure Motion against President William Ruto and an Impeachment Motion against Deputy President Rigathi Gachagua, it's timely to explain the process of each and the difference between these two legal avenues.

What is a Censure Motion?

A Censure Motion represents a severe reprimand or expression of extreme disapproval against any public official, for misconduct or poor performance. It provides the chance for Parliament to express its opinion on the actions or governance of a certain official without being an immediate threat to that particular official. Any member of Parliament may table this motion, and it requires only a simple majority vote in the House in which it is being tabled.

The most recent example is the censure motion by Senator Dan Maanzo against President William Ruto for failure to protect Kenyans and breaching constitutional duties. Such a motion would spark a national conversation on presidential immunity and accountability.

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While a censure motion has a serious effect on an official's public image, it does not remove the person from office. The result is, to a great degree, a symbolic manifestation of a loss of confidence in the leadership of the official concerned without removing him from office.

What is an Impeachment Motion?

Unlike a motion of censure, an Impeachment Motion has graver consequences since it is one meant to result in the removal of a high-ranking officer from office. This can be instituted in Parliament for a President, in the National Assembly and a Deputy President in the Senate on account of a gross violation of the Constitution or other gross misconduct.

The process of impeachment is very time-consuming and has several stages: the National Assembly is to vote for it by a two-thirds majority; after that, a trial is to be held in the Senate. In case of one's guilt, an official is immediately removed from office.

A similar process has been the impeachment motion filed against Deputy President Rigathi Gachagua based on constitutional violations. In the event the motion sails through both Houses, Gachagua will cease holding the office major political turn of events.

Key Differences Between the Two Motions

The only key difference between a censure motion and an impeachment motion, despite both being ways of holding public officials accountable, lies in their consequences. While a censure motion is a formal reprimand with no removal from office, an impeachment motion would directly entail the removal of the leadership.

Besides, the procedure for each is radically different: a censure motion is light and requires a majority vote in only one House, while impeachment is an elaborate, multi-stage process that requires a much higher threshold to pass.

Why This Matters for Kenya's Political Future

Both the censure and impeachment motions are making their way through Parliament, and the impacts of such a move are seemingly going to change the face of politics and governance in this country for the longer term. Be it the censure motion aimed at holding President Ruto accountable or probably the impeachment motion that might see the removal of Deputy President Gachagua from office, its impacts would reverberate from the political system to the public consciousness.