Members of a County Executive Committee (CEC) can be removed from office through a structured process led by the county assembly. To begin the removal process, a member of the county assembly (MCA) must propose a motion to dismiss the CEC, securing support from at least one-third of the assembly members. This threshold is crucial, as it demonstrates a significant level of concern and interest in investigating the CEC’s conduct.
Grounds for Removal
A CEC member may be removed on several grounds, which include:
- Gross violation of the Constitution or any other law
- Incompetence or inability to perform duties effectively
- Abuse of office or using their position for personal gain
- Gross misconduct that brings the office into disrepute
Conviction of an offense punishable by imprisonment of at least six months
The Investigation Process
Once the motion gains sufficient support, a five-member special committee is formed to investigate the allegations. This committee is given ten days to examine evidence, conduct hearings, and submit a report with its findings. During this investigation period, the accused CEC has the right to appear before the committee, either personally or with legal representation, to defend against the allegations.
Committee Findings and Next Steps
After ten days, the committee submits its findings to the full county assembly:
If the committee finds the allegations unsubstantiated, the process is terminated, and no further action is taken.
If the allegations are found substantiated, the assembly proceeds to a vote on the motion to remove the CEC.
Voting Requirements
The assembly then votes on whether to approve the CEC’s removal. Previously, a simple majority (one-third) was sufficient for passing the motion. However, recent proposals suggest increasing this requirement to two-thirds of the assembly members, demanding broader support for any dismissal.
Final Action: Dismissal by the Governor
If the vote passes, the Speaker of the county assembly notifies the governor of the decision. The governor is then required to formally dismiss the CEC member, completing the removal process. This final step serves as the ultimate check, ensuring that the county’s leadership adheres to standards of accountability and integrity.
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