Public participation in the impeachment process of a governor
by admin on | 2024-09-05 19:42:55 Last Updated by admin on 2024-12-22 08:22:16
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Public participation, enshrined as a constitutional principle, holds a pivotal role in the process of impeaching governors. This principle underscores the necessity of involving the citizenry in decisions that bear significant implications on governance and public administration. The impeachment of a governor is not merely a legal proceeding but a profound political and social event that directly affects the lives of the citizens governed. As such, ensuring public participation in this process is essential to uphold the democratic values of transparency, accountability, and inclusivity. In many constitutional frameworks, particularly in democratic societies, public participation is recognized as a fundamental right. It allows citizens to have a say in critical matters, ensuring that their voices are heard in the decision-making process. In the context of impeachment, this principle ensures that the process is not conducted in isolation or as a mere exercise of power by political elites but is instead reflective of the will of the people. Moreover, public participation in the impeachment process serves as a check against potential abuses of power. It provides a platform for the electorate to express their views on whether a governor should be removed from office, thereby reinforcing the accountability of elected officials. Through public hearings, consultations, and other participatory mechanisms, citizens can present evidence, offer opinions, and engage in discussions that contribute to a fair and just outcome. Following the recent impeachment of Governor Kawira Mwangaza, it is imperative to consider public participation during the impeachment of Governors and the standard the Courts have set regarding the said public participations. Article 10 of the Constitution of Kenya 2010 places a duty upon a state organ, state officer, public officer and all persons to ensure public participation is undertaken, whenever any of them applies, interprets or implements the constitution. In the case of Justice Kalpana H. Rawal & 2 others vs. Judicial Service Comission & 2 others [2016] e KLR the Court of Appeal held that the national values and principles of governance listed under Article 10 of the Constitution including the principle of public participation, bind all state organs, state officers, public officers and everyone who applies or interprets the constitution or any law or performs any public duty.
