Explainer: Step-by-step process of removing a cabinet secretary from office
Article 152 of the Constitution allows a member of the National Assembly, supported by at least one-quarter of all MPs, to propose a motion requiring the President to dismiss a Cabinet Secretary.
Legislators allied to the Kenya Moja coalition have demanded that Health Cabinet Secretary Aden Duale resign over alleged fraud at the Social Health Authority (SHA), warning that failure to act could trigger formal impeachment proceedings in Parliament.
Their calls follow claims of payments to ghost facilities and fictitious transactions under SHA, which legislators, including Nairobi Senator Edwin Sifuna and Githunguri MP Gathoni Wamuchomba, have termed it a serious abuse of taxpayers’ money and a threat to the country’s health system.
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While Duale has disputed the allegations, the MPs, branding themselves as a “third force,” have already begun collecting signatures to initiate the impeachment process.
Under the Constitution, Cabinet Secretaries are appointed by the President with the National Assembly's approval. Their office becomes vacant if they resign in writing, are dismissed by the President, or are removed following a National Assembly resolution requesting dismissal.
Article 152 of the Constitution allows a member of the National Assembly, supported by at least one-quarter of all MPs, to propose a motion requiring the President to dismiss a Cabinet Secretary. Grounds for removal include gross violation of the Constitution or any law, reasonable belief of committing a crime under national or international law, or gross misconduct.
If at least one-third of MPs support the motion, a select committee of 11 members is appointed to investigate within ten days. The Cabinet Secretary can appear or be represented before the committee. If the allegations are substantiated, the National Assembly votes on a resolution for dismissal. A majority vote leads to the Speaker forwarding the resolution to the President, who must then dismiss the Cabinet Secretary.
The procedure involves several steps, including drafting the motion, collecting signatures (at least 88 MPs), obtaining the Speaker’s approval, placing the motion on the Order Paper, debating in the House, appointment of the select committee, committee investigation and report, and finally adoption of the report by the National Assembly. If the report is adopted by a majority (at least 176 MPs), the President is required to dismiss the Cabinet Secretary.
Kenya Moja MPs have accused Duale of presiding over a collapsing health sector while Kenyans continue to suffer amid the government’s efforts to streamline the system. Central to the controversy are claims of fraud within SHA, including payments to ghost facilities and fictitious claims.
“We have the signatures ready. When Parliament resumes, a motion will be tabled. Duale must take political responsibility for the theft of taxpayers’ money at SHA,” Sifuna said.
Wamuchomba added, “As you play your political games, 156 children are being born every hour and many risk dying due to the crumbling health system.”
Saboti MP Caleb Amisi criticised President William Ruto for failing to act amid the scandals.
“Since the President has failed to act, we will. You have stolen everything else, but leave Kenyans with their right to health,” he said.
Duale defended his actions, saying the suspension of payments was necessary to curb widespread fraud. He also accused some MPs of complicity in schemes siphoning funds from SHA.
The controversy has deepened political divisions, with MPs allied to the government rallying behind Duale. Senate Majority Leader Aaron Cheruiyot slammed those calling for the CS's resignation, saying they are undermining efforts that benefit ordinary citizens.
“Anyone sabotaging projects that benefit ordinary citizens does not deserve to walk freely among them. We all know the rot that was happening at NHIF, where small clinics were earning more than major hospitals,” he said.
South Mugirango MP Sylvanus Osoro added that all players involved in corruption, whether in Parliament, governors’ offices, or SHA itself, would face justice.
On his part, President Ruto has maintained that anyone found to have fraudulently benefited from the SHA will face prosecution. He reiterated that revoking the licences of hospitals involved in the practice is the first step in ensuring accountability, which will be followed by surcharging those responsible for the illegal payments and ultimately taking them to court.
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