Governor Mwangaza to face Senate plenary in impeachment trial

Impeached Meru Governor Kawira Mwangaza will now defend herself in the plenary after the Senators rejected a motion seeking to have a special committee formed.

The senators voted against the motion by way of acclamation during a heated afternoon session on Wednesday.

The motion to form the committee to investigate the impeachment allegations against the governor was moved by Kakamega Senator Boni Khalwale.

The members who had been selected to sit on the Committee were Senators Hillary Sigei, Abdul Haji, Wahome Wamainga, David Wafula, Gloria Orwoba, Karen Nyamu, Issa Juma, Eddy Oketch, Shakila Abdalla, Beth Mwandeti and Beatrice Akinyi.

“The motion having been opposed. The route of a Special Committee is abandoned and that now implies that the Senate will investigate the proposed removal from office, by impeachment, of Kawira Mwangaza in Plenary,” said Senate Speaker Amason Kingi.

He directed the clerk of the Senate, Jeremiah Nyegenye, to issue invitations to the parties involved in the impeachment case.

“The clerk IS to issue invitations to the parties (Meru County Assembly and Mwangaza) to appear before the Senate. So the notice be issued today,” he ordered.

Going further, Speaker Kingi also directed that the parties need to file the responses with the Office of the Clerk of the Senate by Saturday, August 17, 2024, by 5 pm.

After filing the responses, the Clerk of the Senate has been ordered to circulate documents received from the parties, including the plenary Hearing Program to all senators by close of business on Sunday, August 18, 2024, by 5 pm.

Following the above directions, the Senate will investigate Governor Mwnagaza’s impeachment for two days; starting Monday, August 19, 2024, to Tuesday, August 20, 2024.

Section 33 of the County Governments Act provides that an impeachment hearing can either be handled by a special committee or the Senate plenary.

The majority of Senators who opposed the committee proposal argued that the plenary approach would be more inclusive, while those in favour of the plenary believed it would allow all Senators to participate in the impeachment process and ensure a transparent process for the people of Meru.

Murang’a Senator Joe Nyutu supported the plenary approach, arguing that the House has previously demonstrated its competence in handling impeachment motions through plenary sessions.

“This House has been able to prove itself that it can impeach or stop an impeachment based on the evidence, the competence or otherwise of the plenary has already been proven,” he said.

Nominated Senator Karen Nyamu, who had been proposed for a committee, stated that the committee would have been the ideal avenue for a thorough examination of the charges.

“There is no route that is superior to the other, but going by the mood of the House, I support the plenary way,’’ she said.

On the other, hand, Vihiga senator Godfrey Osotsi who supported the motion, argued that the House goes the committee way as the route gives the House a broad-based approach that will look at other serious issues facing Meru County.

“The Meru situation is a serious problem that requires serious thinking. There may be instances where we may need to look at suspending this county and sending everyone home or not and that can only be acted by a committee because our standing orders do not allow the plenary to send a report to the president so that he can act on it,” he said.

Opposing the motion, Isiolo Senator Fatuma Dhullo said going the plenary way will give Meru people transparency.

“I oppose the motion and I have experienced both committee and plenary way. By going the plenary way, Meru County will have an opportunity to see what is happening on the impeachment, but going the committee way, they might not be able to even watch the events,” she said.

This will be the third time the Embattled Meru Governor has been impeached since she assumed office in August 2022.

Last week, the Meru County Assembly voted in favour of the ouster motion.

Mwangaza was hounded out of the office after 49 MCAs voted in support of the motion against 17 who rejected it, while three members failed to appear for the session.