Meru Governor Kawira Mwangaza has suffered a significant setback after the High Court upheld the Senate’s decision to impeach her, dimming any hopes of reclaiming her position.
In its ruling, the court affirmed that the Senate had acted within constitutional bounds during Mwangaza’s removal process. Justice Bahati Mwamuye dismissed her claims that the impeachment was riddled with irregularities, stating that she failed to provide sufficient evidence to support her allegations.
“This court finds that the amended petition is without merit and dismissed. The gazette notice published on 21 August 2024 to remove her from office is affirmed,” ruled Justice Mwamuye.
The court further determined that the Senate did not violate any court orders during the impeachment. Mwangaza had argued that the Senate proceeded with the impeachment despite pending court proceedings aimed at halting the process. However, the court ruled that there was no substantial proof that the Senate had defied any valid court directive.
“The Senate could not have disobeyed orders that were never properly brought before it,” the ruling stated. It emphasized that Mwangaza had the responsibility to present and extract relevant court orders if she wanted to stop the process. Since no conclusive evidence of contempt was provided, the impeachment was allowed to stand.
Another key aspect of Mwangaza’s defense was the issue of public participation. She claimed that the process lacked sufficient input from the people. However, the court clarified that, in an impeachment process, public participation primarily occurs at the county level, not in the Senate. Since this issue is also under consideration in another case before the Meru Court, the High Court refrained from making a definitive ruling on it.
Additionally, the court examined whether Mwangaza was denied a fair hearing. She had claimed she was only given two minutes to defend herself. However, the court ruled that official records showed she had been given an opportunity to present her case.
“Whether she chose to remain silent or not did not change the fact that she was given a chance to present her defense,” the ruling read.
With this ruling, Mwangaza’s impeachment stands, and constitutional procedures for filling the vacancy must now be followed within the stipulated timelines.
