The Senate’s approval of her impeachment has been interpreted as the final blow to Kawira Mwangaza who had survived two other impeachment attempts at the Senate.
But the embattled third Governor of Meru could still have a chance to fight for the seat.
Kawira is legally permitted to fight her removal by the Senate from the gubernatorial seat by escalating the matter to court.
Speaking to The Kenya Times, Lawyer Duncan Okatch has explained that Kawira can proceed to the Constitutional Court to bring to light any problem with the procedure of impeachment.
However, the court cannot oppose the decision of both the Meru County Assembly and the Senate.
“The decision made by the Senate marks the end of the milestones in terms of the procedures that mark an impeachment process. She is now impeached and cannot go back to the office. What awaits is for the speaker to gazette that and formalize her exit.
“However, like any other Kenyan, she has a right to approach the constitutional court and say that there was a problem, not with the finding of the county assembly or Senate, but with the process. The court cannot interfere with the findings of the Senate,” he said.
Also Read: Kawira Mwangaza Impeachment: Three Charges That MCAs & Senate Used to Remove Her
What Happens if Kawira Mwangaza Goes to Court?
Okatch has further explained that the impeached governor can get a court order to stop the implementation of the decision of the Senate if she succeeds.
Although Meru’s Deputy Governor Isaac Mutuma is expected to take over Mwangaza’s position, the order can be issued pending the hearing of the petition that she will have filed and the decision of the court on the matter.
“She can only go to court on allegations that the process outlined in law was not followed, or she was not given a fair chance to address her issue, or that there was breach of procedures.
“If the constitutional court does not agree with her, she can then move to the court of appeal. If the court of appeal does not agree then she has the chance to proceed to the Supreme Court depending on the nature of the matter,” added the lawyer.
However, if all the courts uphold the Senate’s decision, she is not permitted to hold any other public office in Kenya.
Also Read: Kawira Mwangaza to Face All Senators as Senate Rejects Committee Way
What Happens to Mwangaza if the Deputy Governor is Sworn In?
On the other hand, if the deputy governor is sworn in, Kawira’s success chances become slim because the constitutional process of removing a governor will have to be followed.
“Kawira should be in court as soon as yesterday. Impeachment is a death sentence on a political career. You would rather resign and have a chance to vie for another position later.
“Once the deputy governor is sworn in, it will be difficult to remove the governor, and the court can only compensate Mwangaza,” the lawyer told The Kenya Times.
Article 182 of the constitution explains that when the Senate impeaches a governor, the deputy governor shall assume office as county governor and shall serve for the remainder of the term of the county governor.
The laws that govern the impeachment of a County Governor are the Constitution and the County Governments Act. They are complimented by the Standing Orders of the County Assemblies and the Senate.
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