Reprieve for Kawira Mwangaza as court stops Senate resolution to uphold impeachment

Kawira Mwangaza, who was plunged into total darkness on Tuesday night after losing her gubernatorial seat, has seen some light rays after taking the matter to court.

The High Court on Wednesday morning suspended Senate’s resolution to remove her from office following her impeachment by the county assembly.

Justice Bahati Mwamuye, who certified Ms Mwangaza’s application as urgent, said her case raised weighty issues that should be heard and determined by the court. 

“Upon a preliminary consideration of the same, I am satisfied that the application raises constitutional, legal, and factual issues that meet the threshold that warrants immediate intervention by this court by way of the issuance of ex parte interim conservatory orders," she ruled.

The court has set a mention date on September 17, 2024.

The judge also issued orders stopping Senate Speaker Amason Kingi from taking the further steps to formalise the governor’s sacking.

“Pending the inter parties hearing and determination of the application, a conservatory order be and is hereby issued restraining the speaker of the Senate, or any other person or authority, from publishing or causing to be published in the Kenya Gazette a notification or declaration of a vacancy in the Office of the Governor of Meru County,” she said.  

However, Mr Kingi on Wednesday published the notice, indicating that Ms Mwangaza had been kicked out of office for gross violation of the Constitution and other laws; gross misconduct; and abuse of office.

“Pursuant to Article 181 of the Constitution, section 33 of the County Governments Act (Cap. 265) and Standing Order 80 of the Senate Standing Onders, on Tuesday, 20th August, 2024, the Senate resolved to remove from office by impeachment, Hon. Kawira Mwangaza, the Governor of Meru County …,” the notice dated August 21 reads in part.

It was not clear if the gazette notice came after the court orders had been issued.

In the ruling, Justice Mwamuye directed Ms Mwangaza and her lawyers shall serve the application and the petition on the Senate speaker “immediately and file an affidavit of service in that regard.”

“The respondent (the speaker) shall file and serve a response to the application dated 21/08/2024 by close of business 28/08/2024. The petitioner/applicant shall file and serve a rejoinder, if need be, accompanied by written submissions by close of business 04/09/2024,” she said.

“The respondent shall file and serve its written submissions by close of business 11/09/2024. The petitioner/applicant shall be at liberty to file and serve rejoinder written submissions, if need be, by close of business 13/09/2024.”

The case will be mentioned on 17/09/2024 to confirm compliance and to take a priority date for highlighting of written submissions.

Drama at Senate

On Tuesday night, senators voted to send Ms Mwangaza home on the third attempt after voting to uphold all three charges leveled against her by the Meru County Assembly. 

With the Senate being treated to drama before the voting, it was just a matter of when, and not if, Ms Mwangaza was going to be the first governor to be impeached after the August 9, 2022 elections. 

Although it took long to confirm the obvious after the ringing of the division bell with the clock ticking towards midnight, the dice had been cast, with senators, mostly from Azimio, vocal in their protests — with Nairobi Senator Edwin Sifuna calling Speaker Amason Kingi an "embarrassment". 

And when the voting began, majority of senators, mostly from the Kenya Kwanza fold, voted to uphold all the three charges the first term county boss faced.  

On the first charge of gross violation of the Constitution and other laws, 26 senators voted in support, four against while abstentions were 14. 

On second charge of gross misconduct, 26 voted in support, two against while absentions were 14. 

On the third charge of abuse of office, 26 senators voted in support, one against while abstentions were 14. 

The result to confirmed the removal of the governor from office by way of impeachment by MCAs passed on August 8, 2024. 

"The result of the votes indicates that the Senate has upheld all the charges, pursuant to Article 181 of the Constitution and Article 33 of the County Government Act, the Senate has resolved to remove from office Governor Kawira Mwangaza by way of impeachment. He therefore ceases to hold office," declared Speaker Kingi.

Additional report by Collins Omulo