Governor Mwangaza asks court to extend her stay in office pending hearing of impeachment case

Embattled Meru Governor Kawira Mwangaza has told the high court that there was a Gazette notice on August 20, 2024, announcing her impeachment, a day before the ouster and a communication from the Senate to the Speaker of the Meru County Assembly over the same.

Through lawyers Ellias Mutuma and Elisha Ongoya, Mwangaza told Justice Bahati Mwamuye that these documents indicated that her ouster was predetermined and she could not get a fair hearing.

She made the claims while pleading with the Justice of the High Court in Nairobi to extend her stay in office pending her application for the overturning of the impeachment.

Mwangaza's lawyers tabled these documents in the court as annexures to support his averments that the governor was denied fair administrative action and hearing as required in the constitution.

Mutuma said the Senate proceedings on the night Mwangaza was impeached were irregular as they were marred by chaos, violence and disorder and there was no conducive environment to allow the governor the opportunity to defend herself from the accusations against her.

She told the court that she is likely to lose so much if the orders are not extended because the deputy governor is likely to be sworn into office.

Lawyer Maryann Maya, representing the Federation of Women Lawyers (FIDA), attempted to claim that Mwangaza's predicament is a result of a patriarchal society but Justice Mwamuye cut her short and directed her to submit on legal issues around the governor's ouster.

Maya supported the application to extend orders allowing Mwangaza to remain in office, stating that the court has the jurisdiction to extend the orders depending on prevailing circumstances.

Lawyer David Kirimi, who is representing a Meru voter supporting the impeachment, told the court to consider that the Meru governor's seat is not a right for an individual and the term can be cut short through the legal process akin to the one followed in impeaching Mwangaza.

Kirimi, who is representing voter Jason Kathurima Rukaria, said the Meru residents will continue enduring a lack of services that is currently ongoing owing to the lack of a substantive office holder but was cut short by the judge who maintained that the issues he is raising will be heard during hearings.

The lawyer wanted to submit that the Meru residents were not getting their deserved services from the administration of Mwangaza but was discontinued.

Council of Governor's lawyer Eugene Lawi also dismissed Kirimi's arguments that voters who elected Mwangaza also need services from her administration and she should be allowed to remain in office pending the determination of her impeachment.

The case will be mentioned on October 15.