Azimio leader Raila Odinga has launched a petition to remove President William Ruto from power by next week, citing Article 1, clauses One and Two of the Constitution.
However, the Constitution states that a president can only be removed by Parliament and on two grounds: impeachment or incapacity.
In the case of impeachment, a legislator moves a motion for impeachment on three grounds, with the support of at least one-third of all MPs.
They include a gross violation of a provision of the Constitution or any other law, compelling evidence that the President committed a crime under national or international law, or gross misconduct.
If the motion is supported by at least two-thirds of all National Assembly members, the Speaker will notify his Senate counterpart within two days.
The Senate Speaker will convene a meeting of the Senate to hear the charges against the President within seven days of receiving the National Assembly’s resolution.
By resolution, the Senate establishes a special committee of 11 senators to investigate the matter. The special committee is tasked with investigating the allegations against the President and reporting back to the Senate within 10 days on whether they are substantiated.
During the special committee’s investigations, the President has the right to appear and be represented in order for them to determine one of two things.
If the special committee determines that the particulars of any allegations have not been substantiated, no further proceedings under Article 145 are to be initiated in relation to that allegation.
If the special committee finds that the specifics of any of the allegations levelled against the President are true, the Senate will allow the President to be heard.
The House will then vote on the impeachment charges. According to the article, if at least two-thirds of all Senate members vote to uphold any impeachment charge, the President will be removed from office.
According to Article 144 of the Constitution, incapacity will be based on either mental or physical incapacity that prevents the head of state from performing their duties.
This procedure involves Parliament, the Chief Justice, and a tribunal that prepares a report to determine whether or not the president is capable.
If the report finds the President incapable, the MPs will vote on it. If a majority of all members vote to ratify the report, the President will be removed from office.
The big question Kenyans are asking themselves is: Will the signature collection initiative which was kickstarted by the opposition leader be able to remove President Ruto from office?
