High Court Temporarily Halts Senate’s Impeachment of Meru Governor Kawira Mwangaza
The High Court in Milimani, Nairobi, has temporarily suspended the Senate’s decision to impeach Meru Governor Kawira Mwangaza.
This decision follows an urgent petition filed by the governor, challenging her removal from office.
The ruling was delivered on August 21, 2024, after the court reviewed the notice of motion and supporting affidavit submitted by the Governor. The matter was deemed urgent.
In its decision, the court identified “constitutional, legal, and factual issues” in the application that warranted immediate action.
As part of its orders, the High Court paused the Senate’s resolution to impeach Governor Mwangaza.
The court also barred the Senate Speaker or any other official from declaring the Governor’s position vacant in the Kenya Gazette until the case is fully resolved.
The court has fast-tracked the case, setting strict deadlines for all parties to submit their responses.
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The Senate and its Speaker must file their reply by August 28, 2024, while Governor Mwangaza has until September 4, 2024, to file her rejoinder. The Senate will then submit its final arguments by September 11, 2024, with the Governor allowed to file a final reply, if needed, by September 13, 2024.
A mention date has been set for September 17, 2024, to confirm compliance and plan the next steps in the case.
The court’s orders highlight the significance of the matter, warning that failure to comply will result in legal consequences.
The High Court’s intervention came just a day after the Senate confirmed the Governor’s impeachment.
On August 21, the Senate officially gazetted its decision to remove Governor Mwangaza from office through impeachment.
According to the gazette notice, the decision was made under Article 181 of the Constitution, Section 33 of the County Governments Act, and Standing Order 80. The grounds cited included gross violations of the Constitution, gross misconduct, and abuse of office.
High Court Temporarily Halts Senate’s Impeachment of Meru Governor Kawira Mwangaza