Blow to Governor Mwangaza as High Court upholds Senate impeachment
Meru Governor Kawaira Mwangaza has suffered a blow after the High Court upheld her impeachment at the Senate
Meru Governor Kawaira Mwangaza has suffered a blow after the High Court upheld her impeachment at the Senate.
Justice Bahati Mwamuye upheld the Senate decision to kick her out office in a judgement delivered on Friday.
Justice Mwamuye ruled that the petition did not meet the threshold required to quash the impeachment and consequently validated a gazette notice communicating her ouster from office.
“This court finds that the amended petition is without merit and dismissed. The gazette notice published on 21 August 2024 to remove her from office is affirmed,” ruled Justice Bahati Mwamuye.
The court further directed that all constitutional requirements regarding the vacancy be adhered to within the stipulated timelines.
Additionally, the court determined that the Senate did not violate any court orders during the impeachment. Mwangaza had argued that the Senate proceeded with her removal despite pending court proceedings aimed at blocking the process. However, the court found no substantial proof that the Senate had defied any valid court directive.
“The Senate could not have disobeyed orders that were never properly brought before it,” the ruling stated. The court emphasized that if Mwangaza wanted to halt the process, she should have taken the necessary steps to extract and present the relevant court orders. Since no conclusive evidence of contempt was provided, the impeachment was allowed to stand.
Regarding public participation, the court acknowledged that it is a constitutional requirement but clarified that, in an impeachment process, it primarily occurs at the county level rather than in the Senate.
Mwangaza had claimed that her impeachment lacked public participation, but the respondents opposed this argument. The court declined to rule on the matter, stating that it was central to another ongoing case before the Meru Court.
The High Court also examined whether due process had been followed in accordance with the Constitution. Mwangaza contended that she was only given two minutes to defend herself, effectively denying her a fair hearing. However, the court ruled that official records indicated she had been granted the opportunity to speak.
“Whether she chose to remain silent or not did not change the fact that she was given a chance to present her defense,” the court stated.
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The court found no evidence that she was denied time to speak and noted that her legal team had not raised any objections regarding the time allocated for her defense. Therefore, it concluded that the procedural requirements for impeachment had been met.
Unless Mwangaza secures an order staying the High Court decision at the court of Appeal, Meru Deputy Governor Isaac Mutuma M’Ethingia will take office as Governor.
Some 26 senators, on August 21, 2024, voted to uphold the first charge on gross violation of the constitution and other laws.
Some 14 senators abstained, while four voted in her favour.
On the second charge of gross misconduct, 26 senators voted in favour of her impeachment, two against, while 14 others abstained.
27 senators upheld the charge of abuse of office, one voted against, and 14 abstained.
Most of those who abstained are allied to the Opposition parties.
“Pursuant to Article 181 of the Constitution, Section 33 of County Government Act and Standing Order 86 of the Senate Standing Orders, 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 said.
This was Mwangaza’s third impeachment to reach the Senate since she was elected into office in August 2022.
The first impeachment hearing was heard and determined by a committee, but the second and third went the plenary way.
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