Even the Court Could Not Save Mwangaza: Meru Governor’s Impeachment Upheld
Meru Governor Kawira Mwangaza has suffered a devastating legal blow after the High Court upheld the Senate’s decision to impeach her, sealing her fate in a protracted political battle that has gripped the county for months.
In a ruling delivered today, Justice Bahati Mwamuye declared that the Senate had acted within its legal mandate when it endorsed the decision by the Senate to remove Mwangaza from office on August 21, 2024.
The court found that the governor failed to provide sufficient evidence to support her claims that the impeachment process was flawed and marred by illegalities.
“This court finds that the amended petition is without merit and is dismissed. The gazette notice published on August 21, 2024, to remove her from office is affirmed,” ruled Justice Mwamuye, effectively ending Mwangaza’s tenure.
Mwangaza’s defense rested on claims of procedural violations, lack of fair hearing, however, the court dismissed these allegations, noting that due process had been followed.
She had also argued that the Senate proceeded with her removal despite pending court proceedings aimed at blocking the process. But the court ruled that no substantial proof was presented to show that the Senate had defied any valid directive.
“The Senate could not have disobeyed orders that were never properly brought before it,” Justice Mwamuye stated, adding that if Mwangaza had wanted to halt the process, she should have taken the necessary legal steps to ensure the orders were properly extracted and presented.
On the matter of public participation, a constitutional requirement, the court acknowledged its importance but clarified that in an impeachment process, it primarily occurs at the county level rather than in the Senate. Mwangaza’s claim that the process lacked public involvement was, therefore, not sufficient grounds to nullify the impeachment.
The impeachment of Kawira Mwangaza marks a dramatic fall from grace for one of Kenya’s few elected female governors. Having won the Meru gubernatorial race in 2022 with an impressive 209,148 votes, she had defeated political heavyweights, including former governor Kiraitu Murungi and the current Agriculture Cabinet Secretary Mithika Linturi.
But her tenure was marred by controversies and battles with the county assembly, culminating in her impeachment. The Senate overwhelmingly voted to uphold the charges against her, with 26 senators supporting her removal.
In her legal challenge, Mwangaza had also sought a declaration that Section 33(8) of the County Governments Act was unconstitutional. She argued that allowing the re-introduction of impeachment charges after three months amounted to double jeopardy and violated her right to a fair trial under Article 50(2) of the Constitution. However, this argument did not hold water in court.
Mwangaza had initially secured a temporary reprieve when Justice Mwamuye stopped the immediate implementation of the Senate’s resolution. However, the Senate challenged this order, arguing that it encroached on its mandate. With today’s ruling, all constitutional requirements regarding the vacancy in the governor’s office must now be adhered to within the stipulated timelines.
With her final legal recourse exhausted, Meru County now braces for a new leadership transition.