Impeachment in Kenya
by admin on | 2024-11-05 18:51:27 Last Updated by admin on 2024-12-22 08:03:27
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Public participation as a constitutional principle, though cardinal should not be cast on stone. Quasi-judicial proceedings like vetting for nominees for appointment into positions, tribunals established for particular purposes, and impeachment proceedings both at the national and county assemblies, should shine more light on ‘judicial’ in ‘Quasi Judicial’ and seek to be more of evidence-based assessment than an assessment that seeks to draw legitimacy from the court of public opinion. Considering that more often than not these proceedings are not initiated directly by the people, purporting to involve them in a 40 NOVEMBER 2024 process with a determined outcome is not only pretentious but also a waste of valuable resources such as time which would be better spent on other matters of national importance. The Constitution of Kenya 2010 under Article 10 provides for public participation as one of the many principles of governance in the interpretation of the Constitution, enactment of laws, and the implementation of public policy decisions. However, with public participation lacking a substantive legislation laying out the requisite conditions and legal standards to be met, courts have always borne the burden to interpret this concept and ascertain whether the process of impeachment was done in accordance with the law. In perhaps one of the most progressive jurisprudence on public participation,Read more
