The Controller of Budget (COB) Margaret Nyakang’o has rejected a request to bar Meru County Governor Kawira Mwangaza from accessing funds from the County Revenue Fund. The request was made by Meru Senator Kathuri Murungi, who argued that Governor Mwangaza should be denied access to county funds pending her impeachment process. However, Nyakang’o stated that the request could not be granted due to the High Court’s decision to temporarily halt Mwangaza’s removal.
High Court’s Intervention
The decision by the High Court to stay Governor Mwangaza’s ousting came after she challenged the process and substance of the Senate’s impeachment vote, raising substantial legal concerns. The court’s intervention ensures that Mwangaza remains the elected governor until further orders are issued. Consequently, Nyakang’o emphasized that Governor Mwangaza still holds the authority to perform her duties, including the capacity to assent to the Appropriation Bill under section 24(1)(a) of the County Governments Act.
“This then means that the Governor has the capacity to assent to the Appropriation Bill as envisaged under section 24(1)(a) of the County Governments Act,” Nyakang’o stated in her response to Senator Murungi’s request. She further explained, “Consequently, in light of the Court orders and the Appropriations Act being assented into law, the office is unable to acquiesce to your request to not authorise withdrawal from the Meru County Revenue Fund.”
Contentious Impeachment Process
Governor Kawira Mwangaza faced her third impeachment on August 21, 2024, following a heated late-night voting session in the Senate. The session resulted in the confirmation of all three charges against the governor. The charges included gross violation of the Constitution and other laws, misconduct, and abuse of office.
On the first charge, the Senate found Mwangaza guilty, with 26 Senators voting to confirm the charge, 4 voting against it, and 14 abstaining. The second charge, also for gross violation of the Constitution, saw a similar pattern, with 26 Senators voting in favor, 2 opposing, and 14 abstaining. The third charge, concerning abuse of office, resulted in 27 Senators voting to confirm the charge, 1 voting against it, and 14 abstaining.
Despite these outcomes, the High Court’s intervention has temporarily stayed her impeachment, ensuring that Governor Mwangaza remains in office at least until September 17, 2024. On this date, the court will review the compliance with its orders and set a timetable for the submission of written arguments.
Legal and Political Ramifications
The decision by the Controller of Budget to allow Mwangaza continued access to the County Revenue Fund underscores the legal complexities surrounding the impeachment process. It highlights the balance between respecting court orders and ensuring that county operations continue smoothly. For Meru County, the decision means that the governor retains her financial authority, ensuring that key services and projects are not disrupted pending the final court decision.
The impeachment and its temporary halt by the court have sparked debates within the political landscape, with some observers questioning the effectiveness and fairness of the Senate’s decision-making process. Mwangaza’s supporters argue that the impeachment was politically motivated, while her detractors insist that she must be held accountable for her actions.
Awaiting the Court’s Decision
As the September 17 hearing date approaches, the focus will be on the High Court’s next steps. The court will examine whether the impeachment proceedings adhered to legal standards and review the governor’s arguments challenging the process. Depending on the outcome, the case could set a precedent for future impeachment proceedings against governors and other elected officials.
For now, Governor Kawira Mwangaza remains at the helm of Meru County, continuing to access the County Revenue Fund while the court deliberates on her fate. The decision by the Controller of Budget reflects a cautious approach to ensure that legal processes are respected and that the functions of the county government remain unaffected amid the ongoing legal battle.
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