The Senate has received a censure motion expressing strong displeasure with the conduct of President William Samoei Ruto, Commander-in-Chief of the Kenya Defence Forces, citing various breaches of the Constitution.
The motion, tabled by Senator Daniel Maanzo of Makueni County, highlights several critical governance concerns and calls for censure against the Head of State.
Key Constitutional Violations
The motion draws attention to Articles 73, 75, and 77 of the Constitution of Kenya, which lay down the integrity and leadership principles state officers must adhere to. According to the motion, President Ruto has allegedly contravened these provisions, as outlined under the Leadership and Integrity Act (CAP 185C). This Act mandates state officials to conduct themselves in a manner that promotes national unity, the rule of law, and respect for human rights.
Further, the motion notes that under Article 131 of the Constitution, the President is the symbol of national unity, charged with promoting the nation’s integrity and safeguarding the welfare of all citizens. Senator Maanzo asserts that President Ruto’s actions have failed to meet these constitutional expectations.
Concerns Over Human Rights and Public Participation
The motion brings to light President Ruto’s perceived failure to protect Kenyans from human rights violations, referencing Article 25(a) of the Constitution, which safeguards against torture, inhuman treatment, and abductions. The motion also highlights recent cases of police brutality, kidnappings, and killings as indicative of the administration’s failure to uphold these constitutional guarantees.
Additionally, the motion criticizes the President for inadequate public participation in key national policies. It argues that a lack of proper consultation has marginalized certain segments of Kenyan society, particularly in matters involving the Social Health Insurance Fund (SHIF), affordable housing, university education funding, and airport leasing agreements.
Impact on Devolved Functions
Another significant grievance presented in the motion pertains to delays in devolving crucial sectors, such as healthcare and agriculture, as required under the Constitution’s Fourth Schedule. The delay, according to the motion, has caused untold suffering among Kenyans, particularly those in rural and underserved areas. This failure is viewed as being in direct conflict with the constitutional promise to improve service delivery through devolution.
Marginalization and Rising Tensions
The motion also raises concerns over increasing tensions between different communities, partly attributed to the government’s policies, which are said to have exacerbated inequalities and heightened discontent. The document specifically mentions the lack of sufficient public engagement as a factor contributing to heightened divisions within the country.
The Senate’s Stance
In a bold move, Senator Maanzo, invoking Standing Order 101(1), calls for the Senate to express its disappointment and displeasure with President Ruto’s conduct. The motion concludes by censuring the President for failing to uphold the constitutional responsibilities expected of the office.
If passed, this motion could have significant implications for the political landscape of Kenya, as it marks one of the most serious legislative actions against the presidency.