President Ruto petitioned to dissolve Meru County govt

A section of Meru residents has written to President William Ruto, asking him to dissolve the county government.

The petitioners cited irreconcilable differences between embattled Governor Kawira Mwangaza and Members of the County Assembly (MCAs). 

The letter was written as the Senate prepares to hear the governor's impeachment case from Monday, August 19, 2024, to Tuesday, August 20, 2024, to determine her fate.

Despite impeaching her twice, the county leader has managed to stay in office.

This ongoing conflict, according to the petitioners, has hindered effective collaboration between the executive and legislative branches, affecting the welfare of the residents.

"The Meru County Executive and the Meru County Assembly are operating at extremes and are clearly at loggerheads. The Meru County Government has irretrievably broken down and is completely dysfunctional," reads the letter in part.

The petitioners also expressed frustration that instead of the County Executive and County Assembly functioning as a unified government, they operate as two separate entities, with one side led by the Governor and the other by County Assembly Speaker Ayub Bundi Solomon.

They highlighted ongoing role conflicts, as the Executive and County Assembly compete over project implementation.

"Members of the County Assembly have publicly declared that the Executive are their enemy, and hence it is clear that both entities are operating in parallel and are not working towards meeting the needs of the people of Meru," they alleged. 

The petitioners further argued that the county should be dissolved, as attempts to reconcile Mwangaza and the MCAs, including efforts by the President, have proven futile.

Meru Governor Kawira Mwangaza during her impeachment hearing before the Senate on November 9, 2023. (The Senate)

"The people submit that for the success of a county government, both the Executive and the County Assembly must be able to conduct their functions under the law and work together effectively through cooperation and consultation, failure to which the continued existence of the county government is of no use to the people and becomes a liability and hindrance to development," they said.

"The petitioners believe that there are exceptional circumstances within Meru County in terms of governance which would support the dissolution of the County Government. These exceptional circumstances are also elucidated in this petition," they noted in the letter to the President, lamenting that the County Government of Meru has turned into a national shame and an object of ridicule.

How a county can be suspended

Article 192 of the Constitution provides the conditions under which the President can suspend a county government, including internal conflict, war, or exceptional circumstances.

The County Governments Act also  states that a county government may be suspended for "actions deemed to be contrary to the common needs and interests of the citizens."

Section 13 of the County Government Act provides that a county shall not be suspended in any other exceptional circumstances unless an independent commission of inquiry has investigated allegations against it. 

The suspension of the county in any other exceptional circumstances can also not happen until the President is satisfied that the allegations are justified and the Senate has authorised the suspension.

During a suspension under Article 192, arrangements shall be made for the performance of the functions of a county government.

A suspension under Article 192 shall not extend beyond a period of ninety days.

On the expiration of the 90 days, elections for the relevant county government shall be held.