Meru Governor Kawira Mwangaza. photo / X
High Court judge Justice Bahati Mwamuye has suspended the impeachment of Meru Governor Kawira Mwangaza.
Justice Mwamunye further barred Senate Speaker Amazon Kingi from publishing a gazette notice declaring office of Meru Governor vacant.
“Pending the inter partes hearing and determination of the Application dated 21/08/2024, a conservatory order be and is hereby issued staying the furtherance or the implementation of the Resolution of the Senate removing the Governor of Meru County, Hon. Kawira Mwangaza, from Office by way of impeachment,” read the court order.
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On Tuesday, Senators voted to oust Mwangaza over allegation of abuse of office, gross violation and defying constitution.
Mwangaza went to court Wednesday through her lawyer Eliud Mutuma. She argued that the Senate allowed the past charges which were brought up in 2023 against without looking at the evidence.
The court also ordered governor Mwangaza to immediately serve the application and petition on the respondent and file an affidavit of service to confirm the action.
According to the court statements, the respondent must then submit their written submissions by September 11, 2024, with Mwangaza having the option of filing a further rejoinder by September 13, 2024.
The case is scheduled to be heard on September 17, 2024, when the court will review compliance with these orders and set a date to highlight the written submissions.
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Justice Mwamuye noted that the case raises issues that requires urgent interventions.
“I am satisfied that the application raises constitutional, legal and factual issues that meet the threshold that warrants immediate interventions by this court by way of issuing ex parte interim orders,” he said.
“The manner of the voting and entire consideration of the impeachment motion by the Senate raises further legal concerns and taints the validity of the resolution, as it records the highest number of abstained votes, having 14 members who protested against the vote for lack of an opportunity to debate the motion.”
Mwangaza said there has been a move to remove her from office by people he didn’t mention, whom she said they want to install another person in her place.
“There has been the urgency to remove me from the office and install another person, which may be done to frustrate me. That is why this application should be heard urgently,” she said.
The suspension of Kawira’s impeachment put brakes to Mwangaza’s deputy Isaac Mutuma from assuming office.
