Published on August 21, 2024 by Agencies for Kenya Online News
Last Updated on 2 years by Agencies for Kenya Online News
Meru Governor Kawira Mwangaza has handed been handed a lifeline after the High Court suspended the Senate’s verdict to uphold the impeachment of the county embattled boss.
The case by Mwangaza promises a protracted legal battle that could further complicate the relationship between the governor and Meru Assembly MCAs.
The High Court’s decision has sent the Meru MCAs back to the drawing board, with the legal process expected to take some time.
Milimani High Court Judge Justice Bahati Mwamuye directed that the case be mentioned on September 17.
“I am satisfied that the application raises constitutional, legal and factual issues that meet the threshold that warrants immediate intervention by this court by way of issuing ex parte interim orders,” said the judge.
At the same time, this restrained Speaker of the Senate Amason Kingi from publishing in the Kenya Gazette a declaration of a vacancy in the office of the Governor of Meru.
Deputy Governor Isaac Mutuma will not be sworn in to succeed Mwangaza until the case filed is determined.
The Court stayed the implementation of the Senate resolution pending the hearing and determination of Mwangaza’s case challenging her impeachment.
Interestingly, the order came hours after Senate Speaker Amason Kingi had swiftly gazetted Mwangaza’s impeachment, technically rendering the county boss jobless.
While the voting at the Senate went into late Tuesday night, Kingi’s gazette notice was dated August 20 and published on August 21.
Lawyers now argue that with the suspension of the Senate impeachment, Mwangaza will continue to serve as Meru governor until the case is determined.
“The High Court has suspended the decision of the Senate to impeach the Governor of Meru. Kawira Mwangaza remains governor,’’ Constitutional lawyer Peter Wamanya wrote on his X account.
Mwangaza’s decision to challenge her ouster at the High Court also opens another chapter for a legal duel between her, the Senate, and the Meru County Assembly that could test the legal and procedural processes.
The Meru Assembly MCAs had on August 8 voted to impeach Mwangaza on three charges, a decision that the Senate upheld during a late-night voting session on Tuesday.
While Mwangaza needed the support of at least 24 senators to survive, at least 26 senators voted to confirm each of the three charges.
On the first charge of gross violation of the Constitution and other laws, the Senate found Mwangaza guilty, with 26 senators voting to confirm the charge, 4 voting against it, and 14 abstaining.
The second charge followed a similar pattern, with 26 senators voting in favour, 2 opposing, and 14 abstaining.
The third charge, abuse of office, saw 27 Senators voting to confirm the charge, 1 voting against it, and 14 abstaining.
“The Senate has resolved to remove from office by impeachment Hon. Kawira Mwangaza, the Governor of Meru County, and the Governor accordingly ceases to hold office,” Speaker Amason Kingi ruled after the voting.
