Impeachment or Ouster? Making Sense of Gubernatorial Impeachment in Kenya’s Devolved State

Abstract

This study explores the intricate dynamics and factors that influence gubernatorial impeachment in Kenya, highlighting the checks and balances within the devolved government system established by the 2010 constitution. The Kenyan experience of impeachment indicates that proceedings are often marred by political uncertainty, controversy, and procedural breaches, necessitating intervention by courts of law to correct abuses of power. This study examines how neo-patrimonial practices, gender dynamics, and party politics shape the impeachment process, reflecting broader struggles for power and resources. By looking at successful impeachment cases in Kiambu and Nairobi counties and comparing them with unsuccessful ones in Embu and Kirinyaga counties, this study highlights the crucial role of political affiliations and allegiances. Meru County was also scrutinised to determine whether the 2022 government would approach gubernatorial impeachment differently, considering gendered politics. This study evaluates constitutional provisions on impeachment; the roles of key actors such as the Senate, county assemblies, and judiciary; and the influence of political alliances and rivalries. Using qualitative data from case studies, stakeholder interviews, and media reports, this study provides a detailed understanding of impeachment as a political tool and its effects on devolved governance in Kenya. This study offers insight into balancing accountability and the potential misuse of impeachment for political purposes.