The High Court upheld the Senate’s decision to impeach Meru Governor Kawira Mwangaza, affirming that the process adhered to constitutional guidelines. This marked the third impeachment attempt against Governor Mwangaza since her election in August 2022, with the previous two attempts being unsuccessful.
The Senate’s decision to remove Governor Mwangaza from office was based on three primary charges:
- Gross Violation of the Constitution and Other Laws – This charge stemmed from the alleged illegal revocation of Virginia Kawira Miriti’s appointment as Secretary/CEO of the Meru County Public Service Board without the necessary 75% majority vote from the County Assembly.
- Gross Misconduct – Governor Mwangaza was accused of misleading the public by falsely claiming that Ksh86 million had been raised through a Paybill number established after the murder of Daniel Muthiani alias Sniper, whereas the actual amount raised was Ksh286,516.
- Abuse of Office – The governor faced allegations of irregularly paying emergency call allowances to 161 doctors and medical officers using incorrect rates, resulting in an overpayment of Ksh74.34 million, contrary to the Anti-Corruption and Economic Crimes Act.
During the Senate proceedings, the voting on these charges was as follows:
- Gross Violation of the Constitution and Other Laws: 26 senators voted in favor, 4 against, and 14 abstained.
- Gross Misconduct: 26 senators voted in favor, 2 against, and 14 abstained.
- Abuse of Office: 27 senators voted in favor, 1 against, and 14 abstained.
The significant number of abstentions, primarily from senators allied to opposition parties, highlighted the political sensitivities surrounding the impeachment.
Following the Senate’s decision, Governor Mwangaza challenged her ouster in the High Court, raising concerns about procedural violations and inadequate public participation. However, Justice Bahati Mwamuye dismissed her petition, stating that the impeachment process adhered to the law. The judge affirmed the Senate’s decision, leading to the issuance of a gazette notice formalizing her removal from office.
This series of events underscores the intricate balance between legislative oversight and executive authority in Kenya’s devolved governance system. The impeachment of Governor Mwangaza serves as a precedent, emphasizing the accountability mechanisms in place for public officials and the rigorous processes involved in upholding constitutional and legal standards.
