Court Gives Orders On Kawira Mwangaza Impeachment

New Twist as Court Gives Orders on Kawira Mwangaza Impeachment

The High court of Kenya has issued conservatory order barring the implementation of the resolution of the Senate for removing Meru County Governor Kawira Mwangaza, from Office by way of impeachment.

The conservatory order has been issued restraining the Speaker of the Senate, or any other person or authority, from publishing or causing to be published in the Kenya Gazette a notification or declaration of a vacancy in the Office of the Governor of Meru County.

“Upon a preliminary consideration of the same, I am satisfied that the Application raises constitutional, legal, and factual issues that meet the threshold that warrants immediate intervention by this Court by way of the issuance of ex parte interim conservatory orders,” reads the court orders.

“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.”

Kawira Mwangaza with her lawyers in the Senate Buildings. Photo/ Parliament of Kenya

High Courts Orders on Mwangaza’s Impeachment

Justice Bahati Mwamuye said the Petitioner/Applicant shall serve the Application and the Petition on the Respondent immediately and file an Affidavit of Service in that regard.

Further orders require the Respondent to file and serve a response to the Application dated August 21, 2024, by the close of business on August 28, 2024.

The Petitioner/Applicant shall file and serve a rejoinder, if necessary, along with written submissions by the close of business on September 4, 2024.

Also Read: Kawira Mwangaza’s Last Fighting Chance Despite Successful Impeachment

Subsequently, the Respondent is to file and serve its written submissions by the close of business on September 11, 2024.

The Petitioner/Applicant has the liberty to file and serve rejoinder written submissions, if needed, by the close of business on September 13, 2024.

Furthermore, the matter will be mentioned on September 17, 2024, to confirm compliance and to set a priority date for highlighting the written submissions.

Kawira Mwangaza Impeached

The Senate upheld Mwangaza’s impeachment on grounds of gross violation of the Constitution and other laws, gross misconduct, and abuse of office.

On the first charge of gross violation of the Constitution and other laws, the Senate found Kawira guilty, with 26 Senators voting in favor, 4 against, and 14 abstaining.

The second charge followed a similar pattern, with 26 Senators supporting it, 2 opposing, and 14 abstaining.

For the third charge of abuse of office, 27 Senators voted to confirm the charge, 1 voted against it, and 14 abstained.

Also Read: Kawira Mwangaza Impeachment: Three Charges That MCAs & Senate Used to Remove Her

Lawyer Weighs on the Governor’s Fate

Lawyer Duncan Okatch, earlier speaking to The Kenya Times, explained that Kawira can proceed to the Constitutional Court to address any issues related to the impeachment procedure.

However, he noted that the court cannot oppose the decisions made by 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,” he said.

“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.”

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