Nairobi, Kenya – August 21, 2024: Just when it seemed that Meru Governor Kawira Mwangaza's political career was over, the High Court in Milimani stepped in and temporarily halted the Senate's decision to impeach her. In a dramatic turn of events, the court’s ruling on Wednesday has thrown a wrench into the Senate’s plans, leaving the embattled governor with a lifeline – at least for now.
The Court’s Intervention: A Lifeline for Mwangaza
Governor Mwangaza, who was facing the political guillotine after the Senate upheld her impeachment just a day earlier, made an urgent application to the High Court challenging her removal from office. The court, recognizing the urgency and the constitutional weight of the matter, swiftly issued a conservatory order that stops the Senate's resolution from taking effect.
In his ruling, Justice Bahati Mwamuye highlighted the "constitutional, legal, and factual issues" that warranted immediate judicial intervention. This means that, despite the Senate's decision to impeach her on grounds of gross misconduct and abuse of office, Mwangaza remains in office until the case is fully heard and determined.
Senate’s Moves Blocked: What’s Next?
The High Court didn’t just halt the impeachment – it also issued a stern warning to the Senate and its Speaker. The court has restrained them from declaring the Meru governor's office vacant or publishing such a declaration in the Kenya Gazette. These orders are to remain in place until the inter partes hearing, where both parties will present their full arguments.
The court has set a tight schedule for the legal battle ahead. The Senate and its Speaker must respond to Governor Mwangaza’s application by August 28, 2024. Mwangaza will then have until September 4 to file her rejoinder, with the final submissions due by September 11. The case is set for mention on September 17, where compliance will be confirmed and a date for the final hearing will be scheduled.
The Bigger Picture: Political and Legal Implications
The High Court’s decision comes as a significant blow to the Senate, which had just concluded the impeachment process with a public declaration. On Tuesday, August 20, the Senate, led by Speaker Amason Kingi, announced Mwangaza’s removal from office after a vote that seemed to seal her fate. The decision was made under Article 181 of the Constitution and the County Governments Act, citing gross violation of the Constitution, gross misconduct, and abuse of office as grounds for her ouster.
Had the High Court not intervened, Meru Deputy Governor Mutuma M'Ethingia would have been next in line to assume the governorship, following the constitutional protocols for such a transition. The impeachment would have set off a chain of events leading to M'Ethingia's installation as governor for the remainder of the term.
Governor Mwangaza’s Fight for Survival
For now, Governor Mwangaza has managed to stay in office, but her political future is far from secure. The upcoming legal battle will be closely watched, as it will not only determine her fate but also set a precedent for how similar cases are handled in Kenya’s political landscape.
This turn of events marks a new chapter in the ongoing saga of Meru County’s leadership. Whether Mwangaza can survive this challenge or whether the Senate will ultimately succeed in removing her from office remains to be seen. As the legal process unfolds, Meru County – and indeed the entire nation – will be watching closely.
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