Meru Governor Kawira Mwangaza now faces a fresh hurdle following a move by the Senate at the High Court of Kenya over a ruling that halted its decision to uphold the governor’s impeachment by the County Assembly of Meru.
Senate speaker Amason Kingi has filed a petition at the High Court seeking to lift the order stopping the removal of Governor Kawira Mwangaza.
In its response to a petition filed by Mwangaza in Nairobi, the Senate on Wednesday pointed out that the governor sued the Speaker of the House Amason Kingi and left out the House and the lawmakers who voted to uphold her impeachment.
On their part, the senators who sought to join the case argued that it is only the Senate that could answer the issues raised regarding the proceedings before the House.
“Consequently, the omission of the Senate of the Republic of Kenya from these proceedings renders the petition incurably defective,” the petition reads.
Senate further said the court gave open- ended timelines with no indication as to when the ruling on the application would be delivered or even when the main petition would be heard.
Petition by Senate
The senators said the order issued on August 21, 2024, violates the principles of natural justice, which state that parties have a right to be heard before adverse orders are made against them.
“The Senate was not given an opportunity to be heard,” Kingi said in the application.
This petition was filed following a ruling by the Court where it issued a conservatory order barring the implementation of the resolution of the Senate for the removal of the governor.
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The conservatory order restrained 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 part of the court order.
“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.”
High Court rules on Kawira Mwangaza Impeachment
Justice Bahati Mwamuye said the petitioner/applicant shall file and serve a rejoinder, if necessary, along with written submissions by the close of business on September 4, 2024.
Her impeachment came on the back of constant wrangles with the MCAs and other leaders in the county.
In the period preceding her impeachment, Mwangaza had accused seasoned political leaders of working to ensure that she was impeached.
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