Court temporarily stops impeachment of Meru Governor Mwangaza

Justice L. Kassan issued the verdict on Wednesday following a petition filed by Governor Mwangaza challenging the bid to remove her from office.

In the ruling, Justice Kassan emphasized the constitutional right to a fair hearing to ensure that no rights are infringed during such significant political processes.

"An impeachment is a process that directly engages a person to be impeached and so like a normal process of dismissal, the right to fair hearing must always be upheld," Justice Kassan stated.

The court highlighted the importance of maintaining the status quo pending the final ruling on the petition, to ensure that the judicial process is not rushed, allowing adequate time for a thorough analysis of the evidence presented. 

Justice Kassan remarked, "The right to a fair hearing is for all the parties and judicial officers who require time to analyze the evidence without extreme pressure."

Several critical issues are at the heart of the case, including allegations of breach of the right to a fair hearing, considerations of sub judice matters, claims of double jeopardy, allegations of forgery of signatures by Members of the County Assembly (MCAs), and the inclusion of interested parties in the proceedings.

The court acknowledged the potential double-edged nature of granting interim orders. On one hand, the judge noted that halting the impeachment process temporarily affects the County Assembly's proceedings. On the other hand, denying the interim orders could prejudice the Governor, who has raised substantial constitutional issues. 

"The High Court is clothed with the authority to oversee faithfulness and submission to the constitution by anybody, any juristic person in order to avert chaos and anarchy," the judge emphasized.

Justice Kassan scheduled the final ruling on the matter to be delivered on Monday, July 29, 2024. 

"The upshot of the above is that the impeachment process is halted Pending my ruling and since this is a matter of public interest, the rulings will be delivered on Monday the 29 day of July 2024," reads the ruling.

All parties involved will receive the decision via email. Until then, the ongoing impeachment process against Governor Mwangaza which will be the fourth attempt to oust her remains on hold.