Kingi Gazettes Mwangaza’s Impeachment, Court Halts It- What Next?
The High Court’s suspension of the Senate’s decision to impeach Governor Kawira Mwangaza has given her a crucial reprieve.
Mwangaza’s case is expected to lead to a prolonged legal dispute, potentially straining her relationship with the Meru Assembly MCAs even further.
Deputy Governor Isaac Mutuma will remain unappointed as Mwangaza’s successor until the resolution of the ongoing case.
The Court has halted the Senate’s impeachment resolution while it considers Mwangaza’s legal challenge against her removal.
This order was issued shortly after Senate Speaker Amason Kingi had officially announced Mwangaza’s impeachment, effectively leaving the governor position vacant.
Although Senate voting extended late into Tuesday night, Kingi’s gazette notice was dated August 20 and made public on August 21.
With the Senate impeachment now on hold, Mwangaza is expected to continue her role as Meru governor until the case is concluded.
“The High Court has put on hold the Senate’s impeachment decision. Governor Kawira Mwangaza remains in office,” wrote constitutional lawyer Peter Wamanya on X.
Mwangaza’s legal challenge not only seeks to reverse her ouster but also sets the stage for a complex legal conflict involving the Senate and Meru County Assembly, potentially scrutinizing the legal and procedural frameworks.
On August 8, Meru Assembly MCAs voted to impeach Mwangaza on three counts, a decision confirmed by the Senate in a late-night session on Tuesday.
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Mwangaza needed the backing of at least 24 senators to avoid impeachment; however, 26 senators voted to confirm each of the three charges against her.
For the first charge of constitutional and legal violations, 26 senators confirmed the charge, 4 voted against it, and 14 abstained.
The second charge followed a similar voting pattern with 26 in favor, 2 against, and 14 abstentions.
On the third charge of abuse of office, 27 senators voted in favor, 1 against, and 14 abstained.
“The Senate has resolved to remove Governor Kawira Mwangaza from office through impeachment,” declared Speaker Amason Kingi post-vote.
However, the High Court’s intervention has forced the Meru MCAs to revisit the matter, with legal proceedings expected to take some time.
Justice Bahati Mwamuye of the Milimani High Court has scheduled the case for mention on September 17.
“I find that the application raises significant constitutional, legal, and factual issues that justify immediate court intervention through ex parte interim orders,” stated the judge.
This decision also bars Speaker Amason Kingi from declaring a vacancy for the Meru governorship in the Kenya Gazette.
ALSO READ: High Court Temporarily Halts Senate’s Impeachment of Meru Governor Kawira Mwangaza
Yet, the gazette declaring the impeachment had already been issued, rendering the Meru seat effectively vacant until the High Court suspended this notice.
Mwangaza’s lawyer, Elias Muthuma, argued that the Senate denied a proper debate on the motion and that members had abstained from voting in protest.
Mwangaza contends that the Senate reintroduced previously dismissed charges without reviewing the evidence, and claims there is an urgency to remove her from office to hinder her.
Historically, the High Courts have intervened to reinstate governors after successful Senate impeachment decisions.
In February 2022, the Meru High Court overturned the impeachment of former Wajir Governor Mohamed Abdi Mohamud, deeming his removal illegal due to a lack of public participation.
Judges Edward Muriithi, Patrick Otieno, and Thripsisa Cherere ruled Mohamud should resume office on March 10, 2022 and ordered the newly appointed Ahmed Mukhtar to hand over.
Mohamud’s impeachment occurred in April 2021.
With this precedent, Mwangaza may pursue her case up to the Supreme Court to retain her position.
ALSO READ: “The Lord Will Fight for You and Your Household”- Spiritual Kawira Mwangaza Breaks Silence After Ouster
Similarly, in 2020, the High Court reinstated retired Embu Governor Martin Wambora after the Senate upheld his impeachment, citing a breach of court orders.
Senators from Kenya Kwanza delivered a significant blow to Mwangaza by securing enough votes to remove her in a dramatic and controversial late-night session.
Mwangaza is now the fifth governor to be impeached by the Senate since devolution began, following Mike Sonko (Nairobi), Ferdinand Waititu (Kiambu), Martin Wambora (Embu), and Mohamed Abdi (Wajir).
Both Mohamud and Wambora were later reinstated by the courts following the annulment of their impeachments.
On Tuesday night, 14 Azimio senators abstained from voting on all charges against Mwangaza, marking the end of her political and public service career.
Kingi Gazettes Mwangaza’s Impeachment, Court Halts It- What Next?
