Embakasi East Member of Parliament Babu Owino has filed a motion requesting for the removal of Health Cabinet Secretary Susan Nakhumicha.
In the motion filed on April 3, 2024, Babu Owino said he will be moving the motion and seek the resolution of the House to compel President William Ruto to dismiss the Cabinet Secretary from Office.
“Pursuant to Article 152(6) of the Constitution as read with Standing Order 66, I wish to notify you of my intention to move a Special Motion for removal of the Cabinet Secretary for Health from office,” read part of the motion.
Babu Owino further stated that the motion is based on two grounds including gross violation of Articles 26(1) and 43(1)(a) of the Constitution and Incompetence.
“The above grounds are based on the following particulars: As a result of the doctors’ strike, a majority of Kenyans right to life as well as the right to the highest attainable standard of health has been grossly violated,” he said.
“Since the strike began on 15th March 2024, scores of Kenyans have been unable to access medical care, and in some dire cases, some have even lost their lives.”
Babu Owino Files a Motion to Impeach CS Nakhumicha
Additionally, the MP said that the CS Nakhumicha has exhibited incompetence in that she failed to avert the doctors strike which has now entered its third week.
“The CS has failed to honor the doctor Collective Bargaining Agreement and has instead taken a hard line and is instead threatening the striking doctors with immediate sacking and replacement,” he said.
Babu Owino also stated that CS Nakhumicha had failed to appreciate the seriousness of the strike.
He added that the CS had not provided a lasting solution to settle the demands of the medics including hiring of Interns/ trainee doctors and payment of salary arrears.
Also Read: Govt Moves to End Doctors’ Strike
According to the Constitution of Kenya, the National Assembly can remove a CS from office.
A Member of the National Assembly, backed by at least one-quarter of all members, can propose a motion requiring the President to dismiss a CS, as per Article 152(6).
However, a CS faces potential dismissal for gross violation of the Constitution or any other law.
They could also be impeached if there are substantial reasons to suspect they have committed a crime under national or international law, or for gross misconduct.
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The Process of Impeaching a CS
An MP proposing a motion for the removal of a CS must submit a copy of the motion to the Clerk of the National Assembly along with a list of supporting MPs.
The Clerk will then verify that the motion includes grounds and particulars before forwarding it to the Speaker, who will review both the motion and the list of supporting members.
Following this, the Speaker will scrutinize the proposed motion and the list of supporting members submitted.
The MP initiating the motion must notify within seven days of its approval and move the motion within fourteen days of giving notice.
Parliament will then address the motion within seven days of its introduction.
Also Read: Why Clinical Officers Joined Doctor’s Strike
If the motion garners support from at least one-third of the National Assembly members, Parliament will establish a select committee comprising eleven members to investigate the matter.
Within ten days, the select committee will report to the National Assembly on the substantiation of the allegations against the CS.
The CS will have the opportunity to appear before the select committee to present their case.
If any of the allegations against the CS are found unsubstantiated by the select committee, no further action will be taken regarding those allegations.
However, if Parliament substantiates the allegations, the CS will be given an opportunity to defend themselves.
If a majority of MPs support a resolution, the Speaker will deliver the resolution to the President, who will then dismiss the CS.
