Environment, Climate Change and Forestry Cabinet Secretary Aden Duale has told off Tana River Senator Danson Mungatana over his censure motion against Deputy President Rigathi Gachagua.
In a statement, Duale argued that Mungatana cannot initiate an impeachment motion, as such motions can only be initiated by the National Assembly.
“To senator Mungatana, read the constitution: A motion for impeachment of the Deputy President can only originate in the National Assembly pursuant to Article 150 of the Constitution. To note is that also only a Member of the Assembly can initiate the process,” Duale remarked.
“The motion must be supported by one third, which is 117 members, and then supported by 233 members of the National Assembly for it to pass,” he added.
According to Duale, an impeachment motion cannot originate from the Senate and can only be initiated by a member of the National Assembly.
“After passage in the National Assembly, it then makes its way to the Senate to be considered as appropriate, including hearing by the Senate or special Committee and thereafter the Senate will vote on the charges if supported by two thirds of all the members of the Senate, the person shall stand impeached.
“The Senate cannot therefore initiate the motion. To note is that also only a member of the assembly can initiate the process. Free advice as a former majority leader,” Duale said.
However, in a swift response, Mungatana clarified to Duale that he had filed a censure motion, not an impeachment motion.
“It seems you have stayed too long in the executive and you have forgotten that there’s a difference between a motion of censure and a motion of impeachment. I have filed a motion of censure, not impeachment. Please read your files,” the lawmaker stated.
An impeachment motion is filed to remove an official from office, while a censure motion is an official expression of disapproval regarding the conduct of a public official and does not result in removal from office.
Speaking on Monday after filing the motion, Mungatana stated that the conduct of the deputy president was unbecoming.
“I have today, September 23, 2024, filed a motion of censure against the holder of office of the Deputy President because of conduct unbecoming of that office,” Mungatana remarked.
He added that once approved, the motion will be tabled in the Senate for debate.
