The quest to impeach Deputy President William Ruto is not a walk in the park as it involves marshalling numbers and could require an endorsement by the National Security Committee.
Governance experts say President Uhuru Kenyatta must first approve any motion seeking to remove the Deputy President since such an action comes with both national security and political consequences.
The Constitution says the Deputy President can be removed from office on grounds of physical or mental incapacity to perform his functions, gross violation of a provision of the Constitution or any other law and where there is serious reason to believe the DP has committed a crime under national or international law. He can also be impeached on any form of gross violation.
A look into the numbers in the Senate and the National Assembly shows the bid by Lugari MP Ayub Savula to remove the DP could run into hurdles, derailing his quest.
Despite the falling out within Jubilee Party, Ruto still enjoys considerable support from a majority of senators and members of the National Assembly. Uhuru has, however, brought in other parties into a coalition, and is also working With Wiper and ODM.
The DP has also won the allegiance of some MPs from the opposition and other minority parties.
Of the 349 MPs in the National Assembly, 172 belong to the Jubilee Party and Ruto controls close to 117 of them. The rest are allied to the Kieleweke faction that pledges allegiance to the President.
Raila Odinga’s ODM has 73 MPs, Kalonzo Musyoka’s Wiper has 23, while Musalia Mudavadi’s ANC has 13 MPs
Kanu has 10, the Party of Development and Reforms, now UDA has four, CCM has two, Maendeleo Chap Chap four, Chama Cha Uzalendo one, Ford Kenya 13, Democratic Party one, EFP five and the Frontier Alliance Party one.
The others are the Peoples Democratic Party two, New Democrats one, National Agenda one, Muungano Party one, Movement for Democracy and Growth one, Kenya Patriots Party two, Kenya National Congress two while the independents are 15.
Ruto enjoys the support of ODM lawmakers from Turkana, Kilifi, Kwale and Taita Taveta counties.
The DP has also won over two Kanu MPs, the two CCM legislators, one from MCC, three from Ford Kenya, one from KNC and the majority of the independents.
Both Jubilee and ODM have said they are not party to the impeachment, which has been on the cards of anti-DP forces for almost two years.
Jubilee deputy secretary-general Caleb Kositany — a Ruto ally — told the Star, “To remove the DP is like attempting to fly to the sun.”
The Soy MP said apart from the lack of numbers by those baying for Ruto’s blood, there is also a challenge in pinning down any charges.
“To get the numbers to impeach the DP is not easy and not achievable any time soon. There are some who have even tried to bring a motion of censure against Cabinet Secretaries but they could not get numbers, now they are talking about the DP. It is laughable,” Kositany told the Star in an interview.
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For the impeachment motion to be tabled in the National Assembly, it must be supported by not less than 126 MPs who must append their signatures on the motion.
If the motion passes the first stage, the next hurdle would be to whip 233 MPs to vote in support of the motion.
If the motion is supported by at least two-thirds of all the MPs, the speaker shall inform his Senate counterpart within two days.
The Senate speaker is required by law within seven days to convene a meeting of senators to hear charges against the DP.
Senators can then resolve to form an 11-member special committee to investigate charges against the DP and table the report within 10 days.