High court temporarily halts removal of Meru Governor Kawira Mwangaza
Mwangaza, through her lawyer Eliud Mutuma, went to court on Wednesday to challenge the Senate decision and obtained orders barring her removal from office.
Mwangaza contends that the process and substance of the Senate's impeachment vote raise significant legal concerns.
She questioned the validity of the impeachment day, arguing that it was not officially gazetted for such proceedings.
Her lawyer argues that there appears to be a deliberate rush to remove the governor and install a replacement, potentially undermining Mwangaza.
Meanwhile, the court's conservatory order prevents the impeachment decision from being implemented and prohibits the Speaker of the Senate or any other authority from announcing a vacancy in the governor's office in the Kenya Gazette.
"Pending the inter partes hearing and determination of the Application dated 21/08/2024, a conservatory order be and is hereby issued staying the furtherance or the implementation of the Resolution of the Senate removing the Governor of Meru County, Hon. Kawira Mwangaza, from Office by way of impeachment," reads the court order
The court also ordered Mwangaza to immediately serve the application and petition on the respondent and file an affidavit of service to confirm this action.
The respondents are required to file and serve their counter-response by August 28, 2024, following which Mwangaza will have the opportunity to file a rejoinder and written submissions by September 4, 2024.
According to the court papers, the respondent must then submit their written submissions by September 11, 2024, with Mwangaza having the option of filing a further rejoinder by September 13, 2024.
The case is scheduled to be heard on September 17, 2024, when the court will review compliance with these orders and set a date to highlight the written submissions.
The Senate upheld governor Mwangaza's impeachment on Tuesday , ending her protracted battle with the Meru County Assembly.
Despite her hopes of surviving a third impeachment motion at the Senate, this time, Kawira fell short as the government rallied enough support to remove her from office.
On the first charge of gross violation of the Constitution and other laws, the Senate found Kawira 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 favor, 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.
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