Embattled Meru Governor Kawira Mwangaza has taken legal action to contest her removal by the Meru County Assembly.
On Wednesday, Mwangaza, represented by her lawyer Eliud Mutuma, filed a lawsuit challenging the Senate’s decision to impeach her. The court granted her an order blocking her removal from office.
Mwangaza’s challenge questions the legality of the impeachment process, citing issues with the Senate’s vote and the official gazettement of the impeachment proceedings. Her lawyer argues that the impeachment appears to be expedited, which may be aimed at discrediting Mwangaza and hastening the installation of a new governor.
The court’s conservatory order halts the implementation of the impeachment decision and prohibits the Speaker of the Senate or any other authority from declaring 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 has also directed Governor Kawira Mwangaza to promptly serve her application and petition on the respondents and to file an affidavit of service to confirm this action.
The respondents are required to file and serve their counter-responses by August 28, 2024. Following this, Mwangaza will have until September 4, 2024, to file a rejoinder and written submissions.
The respondents must then submit their written submissions by September 11, 2024, and Mwangaza has the option to file a further rejoinder by September 13, 2024. The case is scheduled for a hearing on September 17, 2024, when the court will review compliance with these orders and schedule a date to highlight the written submissions.
The Senate upheld Governor Mwangaza’s impeachment on Tuesday, concluding her extended conflict with the Meru County Assembly. Despite her efforts to survive a third impeachment motion, she was ultimately unsuccessful as the government secured sufficient support for her removal.
On the first charge of gross violation of the Constitution and other laws, 26 Senators voted to confirm the charge, 4 opposed it, and 14 abstained. The second charge followed a similar result, with 26 Senators in favor, 2 opposed, and 14 abstaining. For the third charge of abuse of office, 27 Senators confirmed the charge, 1 voted against it, and 14 abstained.
“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.
