Prioritise impeachment cases

Immediately after the Senate upheld her impeachment, Meru Governor Kawira Mwangaza obtained a court order suspending the Senate’s resolution until the case challenging her removal from office is heard by the High Court.

Should the court not decide in her favour, she can still appeal to the Court of Appeal, then to the Supreme Court.

The Kenyan court process is lengthy chiefly due to a shortage of judges. For instance, it is in July 2022, less than a month to the General Election, that the Supreme Court concluded the case challenging former Nairobi Governor Mike Sonko’s 2020 ouster.

Conceivably, therefore, Governor Mwangaza may continue in office for the remainder of her term, although her impeachment could eventually turn out to be legally sound.

Meritless appeals

This is an unhealthy state of affairs. Firstly, it opens up the court process to abuse by impeached governors who can use meritless appeals to buy time in office.

Secondly, and perhaps more pertinently, there is bound to be a frosty working relationship between the governor on one hand, and Members of the County Assembly (MCAs), County Executive Committee Members (CECs) and citizens on the other, who feel the impeached governor lacks legitimacy.

Indeed, Meru County is already witnessing protests by members of the public who want Governor Mwangaza out of office.

Election disputes have prescribed timelines, with presidential election petitions being heard exclusively by the Supreme Court within 14 days. This is in appreciation of the political tension that a delay would cause.

Petitions challenging the impeachment of governors are of equally great public importance, and should be heard on priority.

Mr Arori is an Advocate of the High Court of Kenya; [email protected]