High Court suspends Senate resolution to impeach Meru Governor Mwangaza

Embattled Meru Governor Kawira Mwangaza has been handed a reprieve after the High Court suspended the Senate resolution to remove her from office.

In a judgement delivered on Wednesday, Milimani Law Court Judge Bahati Mwamuye suspended the Senate resolution to remove her from office, hours after the legislators had resolved to uphold her impeachment.

Justice Mwamuye certified her case as urgent and set the case to be mentioned on September 17, 2024.

“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,” reads the judgement.

At the same time, Justice Mwamuye restrained Speaker Amason Kingi from publishing in the Kenya Gazette notice a declaration of a vacancy in the office of the Governor of Meru County.

“Pending the inter partes hearing and determination of the Application dated 21/08/2024, a conservatory order be and is hereby 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,” reads the judgement.

On Tuesday, the Senate upheld the impeachment of Mwangaza, following the Meru MCAs' vote. Senate Speaker Amason Kingi announced Mwangaza's removal by impeachment, noting that she ceases to hold office with immediate effect.

Justice Mwamuye directed Mwangaza to serve the Application and Petition on the Respondent immediately and file an Affidavit of Service by the close of business on August 28, 2024.

Mwangaza is also required to file and serve a rejoinder, if necessary, along with written submissions by the close of business on September 4, 2024.

On the other hand, the respondents must file and serve their written submissions by the close of business on September 11, 2024. Mwangaza may file and serve additional rejoinder written submissions, if needed, by the close of business on September 13, 2024.

In the Senate vote on Mwangaza's impeachment; for the charge of gross violation of the constitution and other laws, 26 senators voted in favor, 4 voted against, and 14 abstained.

In regards to the charge of gross misconduct, 26 senators voted in favour, 2 voted against, and 14 abstained. On the charge of abuse of office, 27 senators voted in favour, 1 voted against, and 14 abstained.

The motion to impeach Mwangaza was introduced by Senate Majority Leader Aaron Cheruiyot and seconded by Senator Nderitu Kinyua.

This marks Mwangaza's third impeachment attempt since she assumed office in August 2022. At least 24 senators needed to vote in favour of upholding her removal from office.

According to Article 182 of the constitution, if a governor is impeached, the deputy governor steps in to complete the remainder of the term.