In Kenya, the removal of a President from office without impeachment is governed by Article 144 of the Constitution of Kenya. There are specific circumstances under which a President can be removed from office without the need for an impeachment process.
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Here are the provisions outlined in the Constitution:
1. Resignation
The President has the option to voluntarily resign from office by submitting a written resignation to the Speaker of the National Assembly.
Article 144(1) of the Constitution states, “The President may resign from office by delivering a written resignation to the Speaker of the National Assembly.”
2. Completion of Term
The President’s term of office is limited to two terms, as stated in Article 142(2) of the Constitution. Once a President has served two terms, they are required to vacate the office at the end of their second term.
3. Incapacitation
If the President is unable to perform the functions of office due to physical or mental incapacity, Article 144(2) of the Constitution allows for the removal of the President.
In this case, the Speaker of the National Assembly, in consultation with the Chief Justice, may propose the removal of the President from office.
The removal of a President without impeachment is generally limited to resignation, completion of the term, or incapacitation as outlined above.
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It’s important to note that the specific procedures and requirements for each circumstance may vary, and it is advisable to refer to the Constitution of Kenya for detailed information regarding each scenario.
Please keep in mind that this information is based on the Constitution of Kenya up to my knowledge cutoff in September 2021, and there may have been amendments or changes since then.
Therefore, it’s essential to consult the latest version of the Constitution or seek legal advice for the most accurate and up-to-date information.
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