The Meru governor, Kawira Mwangaza, is facing several challenges, and she has taken her removal from office by the Meru County Assembly to court.
On Wednesday, Mwangaza appeared in court, represented by lawyer Eliud Mutuma, to contest the Senate’s ruling and secure an injunction prohibiting her removal from office.
According to Mwangaza, there are serious legal questions about both the procedure and the content of the Senate’s impeachment decision.
She questioned the legitimacy of impeachment day, claiming that there was no official gazetting.
Her counsel believes that a calculated rush to remove the governor and install a replacement could undermine Mwangaza.
In the meantime, the court’s conservatory order prevents the impeachment decision from going into effect and prohibits the Speaker of the Senate or any other authority from publishing a notice of a vacancy in the governor’s position in the Kenya Gazette.
The court issued a conservatory order, postponing the Senate’s resolution to impeach the Governor of Meru County, Hon. Kawira Mwangaza, until the inter partes hearing and decision on the August 21, 2024 application.
In addition, the court mandated that Mwangaza file an affidavit of service verifying this action and serve the petition and application on the respondent right away.
Mwangaza will have the chance to file a rejoinder and written submissions by September 4, 2024, if the respondents file and serve their counter-response by August 28, 2024.
The court documents state that the respondent has until September 11, 2024, to make their written remarks. Mwangaza may file an additional rebuttal by September 13, 2024.
On September 17, 2024, the court will hold a hearing to discuss the written submissions and evaluate compliance with these directions.
Governor Mwangaza’s lengthy legal struggle with the Meru County Assembly came to a close on Tuesday when the Senate confirmed her impeachment.
This time, Kawira failed to hold off on a third attempt at impeachment in the Senate, as the administration mustered sufficient support to remove her from office.
With 26 senators voting in favour of confirmation, 4 voting against, and 14 abstaining, the Senate declared Kawira guilty on the first accusation of flagrantly violating the Constitution and other laws.
The second charge yielded similar results, with 26 senators voting in favour, 2 against, and 14 abstaining. Senators voted for the third charge, abuse of office, with 27 voting in favour, 1 voting against, and 14 abstaining.
Following the vote, Speaker Amason Kingi declared, “The Senate has resolved to remove Hon. Kawira Mwangaza, the Governor of Meru County, by impeachment, and the Governor accordingly ceases to hold office.”
