Kawira Mwangaza Defies Impeachment, Resumes Duties Amidst Legal Limbo

Date: 2024-08-23
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Meru, Kenya – August 23, 2024: The political drama in Meru County escalated on Friday as Governor Kawira Mwangaza resumed her official duties, despite her recent impeachment by the Senate. Her return to office, surrounded by heavy security, has sparked outrage among Members of the County Assembly (MCAs) who continue to protest her defiance.

Mwangaza, whose impeachment was endorsed by the Senate earlier this week, made her first appearance at her office on Thursday. However, the full extent of her return to power became apparent only on Friday when she resumed full control of county operations, a move that has left many questioning the legality of her actions.

Senator’s Plea Ignored as Mwangaza Pushes Forward

Senator Kathuri Murungi, a key figure in the ongoing political turmoil, had urged Mwangaza to refrain from resuming her duties until the courts make a final ruling on her petition challenging the impeachment. However, Murungi’s plea appears to have been ignored as the Governor proceeded to meet with her Cabinet, a fact she proudly shared on her Facebook page.

“This afternoon, I was delighted to meet with the Cabinet to discuss and advance key initiatives that are aimed at addressing pressing issues within our county,” Mwangaza posted. Her statement emphasized her commitment to progress in Meru, focusing on transparency and effective governance, despite the political storm surrounding her.

Legal Counsel’s Defense and Court Orders

Mwangaza’s legal counsel, Elias Mutuma, has been a staunch advocate for her right to remain in office pending the outcome of her legal challenge. According to Mutuma, a court order issued by Justice Bahati Mwamuye effectively halted the installation of Mwangaza’s deputy, Mutuma M’Ethingia, as the new governor. The order also prevented the gazettement of the Senate’s resolution to remove Mwangaza from office, creating a legal grey area that the Governor has exploited to her advantage.

Mutuma revealed that he had taken steps to ensure the court’s orders were upheld, sending official communication to key figures, including Chief Justice Martha Koome and Meru’s security leadership, urging them to respect the court’s ruling. Despite the Senate’s Gazette notice, Mutuma argued, there was no legal basis to swear in M’Ethingia as governor.

Heightened Security and Public Response

Following Mwangaza’s return, security around the county headquarters was significantly heightened. Anti-riot and plainclothes police officers were deployed to prevent any potential clashes between Mwangaza’s supporters and those backing her deputy. The county’s police commander, Steve Oloo, confirmed that the enhanced security measures were in place to enforce the court order, ensuring Mwangaza’s position remained secure until a judicial decision was reached.

Despite the ongoing legal and political uncertainty, Mwangaza’s return to office was marked by her characteristic resilience. Taking to social media, she boldly declared her slogan, "Kaende kaende, kabati kabati," a phrase that has come to symbolize her tenacity in the face of adversity.

Constitutional Questions and Future Implications

The legal battle surrounding Mwangaza's impeachment raises significant constitutional questions about the succession of power in county governments. According to Article 182 of the Kenyan Constitution, when a governor is impeached, the deputy governor is expected to assume office. However, this transition is complicated by the ongoing legal proceedings and the court's decision to halt the process.

If the deputy governor is unable to take over, the county assembly speaker would step in as acting governor until elections are held within sixty days. This scenario is currently on hold as the courts deliberate on Mwangaza’s petition.

A Region on Edge

For now, Meru County remains a region on edge, caught in the crosshairs of legal and political uncertainty. All eyes are now on the judiciary as it prepares to weigh in on the legality of the Senate’s decision and the future of Kawira Mwangaza’s tenure. With the situation in Meru fluid and tensions high, the outcome of this legal battle will have far-reaching implications for the county's governance.

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