Court suspends Mwangaza’s impeachment pending suit against proceedings » Capital News
NAIROBI Kenya, Aug 21 – The High Court has barred Senate Speaker Amason Kingi from declaring a vacancy in the position of Meru County Governor until a petition before it is determined.
Justice Bahati Mwamuye directed that the matter shall come up for mention on September 17 to confirm compliance and to take a priority date for highlighting of written submissions which both parties must have submitted by September 13.
“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, Kawira Mwangaza, from Office by way of impeachment,” she stated.
He directed Kingi, who is listed as a Respondent, to file and serve a response by August 28.
The conservatory order effectively stops Meru Deputy Governor Mutuma M’Ethingia from assuming the position of county governor after the Senate upheld impeachment of Mwangaza last night.
According to Article 182(3) of the Constitution, the Deputy governor, upon assuming office, is deemed to have served a full term as county governor if more than two and a half years remain before the next regularly scheduled election.
“The matter shall be mentioned on 17/09/2024 to confirm compliance and to take a priority date for highlighting of written submissions,” read the court papers.
Judge Mwamuye said the Petition filled on August 21, raised constitutional, legal, and factual issues that meet the threshold that warranted immediate intervention by the Court by way of the issuance of ex-parte interim conservatory orders.
This follows Governor Mwangaza impeached on Wednesday, after two unsuccessful bids by the County Assembly.
Senators voted to send her home based on three charges in which she was found guilty, becoming the third Governor to be removed from office by impeachment after Kiambu’s Ferdinand Waititu and Nairobi’s Mike Sonko in 2020.
“The senators, having voted to uphold the charges against the Meru governor, Governor Kawira Mwangaza ceases to hold office,” ruled Speaker Amason Kingi in a vote that went past midnight.
According to Section 33(7) of the County Government Act, a governor ceases to hold office if a majority of the Senate members uphold any of the impeachment charges.
On the first charge—gross violation of the Constitution and other laws—the Senate found Mwangaza guilty, with 26 senators voting in support, 4 against, and 14 abstaining.
Among the accusations was her illegal revocation of Virginia Kawira Miriti’s appointment as Secretary/CEO of the Meru County Public Service Board, which lacked the required 75% majority vote from the County Assembly.
On the second charge of gross misconduct, 26 senators found her guilty, while 4 voted against the charge. Fourteen senators abstained from voting.
Governor Mwangaza was accused of deliberately misleading the public by falsely claiming that Sh86 million had been raised through a Paybill number established after the murder of Daniel Muthiani alias Sniper. The actual amount raised was Sh286,516.
On the third charge of abuse of office, 27 senators voted in support of the impeachment, one senator opposed, and 14 abstained.
Following a two-day-long hearing of the impeachment case, the 47 senators took a crucial vote around midnight on Tuesday, deciding on each of the three charges against Governor Mwangaza.
The Senate carefully considered the evidence presented by the Meru County Assembly’s legal team and the defense put forward by Mwangaza’s legal team during the trial, which extended into the late hours for two consecutive days.
Governor Mwangaza was first impeached by the County Assembly in December 2022, but an 11-member Senate Special Committee later found that none of the charges against her was proven.
In November 2023, the Senate granted her another political lifeline after she pleaded for forgiveness and a second chance but she was not third time lucky this week.
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