The High Court has intervened to halt the removal of Meru Governor Kawira Mwangaza. The embattled governor, who has been at the center of a prolonged political and legal struggle, secured a temporary reprieve after challenging her ouster by the Meru County Assembly.
On Wednesday, Mwangaza, represented by her lawyer Eliud Mutuma, sought judicial intervention following the Senate’s decision to uphold her impeachment. The court granted a conservatory order that temporarily bars the implementation of the Senate’s resolution to remove Mwangaza from office. This ruling effectively prevents the Speaker of the Senate or any other authority from declaring a vacancy in the governor’s office in the Kenya Gazette.
The court’s decision is significant as it maintains the status quo while the legal process unfolds. According to the conservatory order, the Senate’s decision to impeach Mwangaza is put on hold until further court proceedings are completed. The order states, “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.”
Mwangaza’s legal team contends that there are substantial legal issues with both the process and substance of the Senate’s impeachment vote. They argue that the process was rushed and lacked sufficient scrutiny, raising concerns about its fairness and legality. The defense maintains that there was a deliberate effort to expedite Mwangaza’s removal, potentially undermining her rights and the integrity of the impeachment process.
The court has outlined a clear procedural roadmap for the case. Mwangaza is required to immediately serve the application and petition on the respondents and file an affidavit of service to confirm this action. The respondents are then expected to file and serve their counter-responses by August 28, 2024. Following this, Mwangaza will have the opportunity to file a rejoinder and written submissions by September 4, 2024. The respondents must submit their written submissions by September 11, 2024, with Mwangaza having the option to file a further rejoinder by September 13, 2024.
The case is set to be heard on September 17, 2024, when the court will review compliance with these orders and schedule a date to highlight the written submissions. This timeline indicates a protracted legal battle ahead as both sides prepare to present their arguments.
Mwangaza’s impeachment by the Senate marks a significant moment in her turbulent tenure as Meru Governor. The Senate had upheld the impeachment decision earlier this week, ending her prolonged battle with the Meru County Assembly. The Senate found Mwangaza guilty on charges of gross violation of the Constitution and other laws. The voting results showed 26 Senators confirming the charge, 4 voting against, and 14 abstaining.
Despite her earlier successes in fending off two previous impeachment motions, Mwangaza’s third attempt to survive was unsuccessful as the Senate rallied enough support to remove her from office. The current legal proceedings represent Mwangaza’s last stand to retain her position and challenge the Senate’s decision.
As the legal process unfolds, all eyes will be on the court’s forthcoming decisions, which will determine whether Mwangaza’s removal will be finalized or if she will continue her tenure as Meru Governor. The case underscores the complexities of political and legal battles in Kenyan governance and highlights the ongoing tension between elected officials and legislative bodies.
