Meru Governor Kawira Mwangaza was impeached for the second time after the August 2022 General Election.
Majority Leader Evans Mawira introduced the impeachment motion before the Meru Assembly on Wednesday, October 25.
All the 59 Meru Members of County of Assembly (MCA) present during the debate voted in favor of the motion to remove Mwangaza from office.
Moreover, the MCAs accused Mwangaza of 7 violations including misuse of public resources, embezzling county funds, illegal appointments, nepotism, bullying and contempt of court.
Senate Speaker Notification
The procedure for removal of a Governor from office is detailed under article 181 of the Constitution and Section 33 of the County Governments Act.
According to the Constitution, an MCA by a notice to the speaker may move a motion for the removal of a Governor with the support of at least a third of all the members.
Meru County Assembly Speaker Ayub Bandi is now expected to inform the Senate Speaker Amason Kingi about the impeachment within two days.
“If the two thirds of all the MCAs support and pass the motion to have the county governor impeached, the speaker of the county assembly informs the speaker of the Senate (in writing) about that resolution within two days,” reads Article 181 in parts.
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However, Governor Mwangaza will continue to perform her functions pending the outcome of the impeachment proceedings. Legal experts who spoke to The Kenya Times affirmed this.
“She loses nothing as she is actually impeached when the Senate confirms it; that is when she loses that seat and all that it comes with,” said Duncan Okatch, and Advocate of the High Court.
However, on whether Mwangaza stands to lose any privileges following the MCAs’ decision, constitutional lawyer Bobby Mkangi argues:
“Yes there are. Prestige, political patronage, power, and good old money (legal, psycho-medical and ‘other’ services). A Governor remains thus until the charges are confirmed by the Senate. Any person can go to court at any time when he or she feels justified for redress.”
Special Committee on Mwangaza Motion
Afterwards Kingi will convene a meeting of the Senate to hear the charges brought against the governor by the county assembly.
The Senate, by a determination, then appoints a special committee comprising of eleven of its members to investigate the matter.
“These two actions should take place within seven days after the speaker of the senate receives the notice of the resolution to impeach the governor from the speaker of the county assembly,” directs the Constitution.
Then the Committee should investigate the matter and report to the Senate within ten days.
Moreover, Governor Mwangaza has the right to appear and to be represented before the committee during the duration of its investigations.
Senators Vote
If the Committee finds no proof against the allegations, then the Senate will dismiss the impeachment motion.
However, if the Committee finds proof against the allegations, then the Senate shall vote on the impeachment charges, but only after ensuring that the governor has been given a fair opportunity to be heard.
If a majority of the Senators vote to uphold the impeachment charge, the governor shall cease to hold office.
Nevertheless, if they vote against it then the Senate Speaker shall notify the Speaker Bandi.
However, an MCA can table another impeachment motion on the same charges before the county assembly three months after the date of such a vote by the Senate.
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Mwangaza Legal Replacement
According to Article 182 if Mwangaza is successfully impeached, her deputy Rev. Isaac Mutuma M’Ethingia will assume office as county governor for the remainder of the term of the county governor.
However, if the deputy governor cannot assume the office of the governor as contemplated above, then the speaker of the county assembly shall act as the county governor.
Elections for the office of the county governor shall then be held within sixty days after the speaker assumes the office of the county governor.
