Meru Governor Kawira Mwangaza, who found herself in a precarious situation after losing her gubernatorial seat on Tuesday night, has gained a glimmer of hope by taking her case to court.
On Wednesday morning, the High Court suspended the Senate’s decision to remove her from office following her impeachment by the Meru County Assembly.
Justice Bahati Mwamuye, who certified Ms. Mwangaza’s application as urgent, noted that her case presented significant issues that warranted judicial review.
“Upon a preliminary consideration of the application, I am satisfied that it raises constitutional, legal, and factual questions that meet the threshold for immediate intervention by this court through the issuance of ex parte interim conservatory orders,” Justice Mwamuye ruled.
The court has scheduled a mention date for September 17, 2024.
Additionally, the judge issued an order preventing Senate Speaker Amason Kingi from taking further steps to formalize the governor’s removal from office.
“Pending the inter partes hearing and determination of the application, a conservatory order is hereby issued restraining the Speaker of the Senate, or any other person or authority, from publishing or causing to be published in the Kenya Gazette a notification or declaration of a vacancy in the Office of the Governor of Meru County,” she stated.
Despite this, Mr. Kingi on Wednesday published a notice indicating that Ms. Mwangaza had been removed from office for gross violations of the Constitution and other laws, gross misconduct and abuse of office.
“Pursuant to Article 181 of the Constitution, section 33 of the County Governments Act (Cap. 265), and Standing Order 80 of the Senate Standing Orders, on Tuesday, 20th August, 2024, the Senate resolved to remove from office by impeachment Hon. Kawira Mwangaza, the Governor of Meru County…” the notice, dated August 21, reads in part.
It remains unclear whether the gazette notice was issued before or after the court orders.
In the ruling, Justice Mwamuye directed that Ms. Mwangaza and her legal team serve the application and petition on the Senate Speaker “immediately and file an affidavit of service.”
“The respondent (the Speaker) shall file and serve a response to the application dated 21/08/2024 by close of business 28/08/2024. The petitioner/applicant shall file and serve a rejoinder, if necessary, along with written submissions by close of business 04/09/2024,” she directed.
“The respondent shall file and serve its written submissions by close of business 11/09/2024. The petitioner/applicant shall be at liberty to file and serve rejoinder written submissions, if necessary, by close of business 13/09/2024.”
The case is set for mention on 17/09/2024 to confirm compliance and schedule a priority date for the highlighting of written submissions.
Drama at Senate
On Tuesday night, senators voted to send Governor Mwangaza home after upholding all three charges levelled against her by the Meru County Assembly.
The Senate proceedings were marked by drama, and it was evident that Ms. Mwangaza was on the brink of becoming the first governor to be impeached after the August 9, 2022 elections.
Though it took some time to confirm the outcome after the ringing of the division bell, with the clock ticking towards midnight, the decision was clear. Senators, mostly from the Azimio coalition, vocally protested, with Nairobi Senator Edwin Sifuna calling Speaker Amason Kingi an “embarrassment.”
When the voting began, a majority of senators, predominantly from the Kenya Kwanza coalition, voted to uphold all three charges against the first-term governor.
On the first charge of gross violation of the Constitution and other laws, 26 senators voted in support, four against, while 14 abstained.
On the second charge of gross misconduct, 26 voted in support, two against, while 14 abstained.
On the third charge of abuse of office, 26 senators voted in support, one against, while 14 abstained.
The vote confirmed the removal of the governor from office through the impeachment passed by the MCAs on August 8, 2024.
“The results indicate that the Senate has upheld all the charges. Pursuant to Article 181 of the Constitution and Article 33 of the County Government Act, the Senate has resolved to remove Governor Kawira Mwangaza from office by way of impeachment. She therefore ceases to hold office,” declared Speaker Kingi.
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