High Court dismisses Meru Governor Mwangaza's petition to overturn her ouster
Deputy Governor Isaac Mutuma M'Ethingia may now become the new governor.
The high court has dismissed Meru Governor Kawira Mwangaza's application to overturn her impeachment by the Senate and the Meru County assembly saying it lacks merit.
Mwangaza had argued that the impeachment did not meet the constitutional threshold, was conducted in defiance of a high court's order and was based on matters already pending before the High Court in Meru.
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She had also argued that the impeachment process had violated the principle of public participation and that she was denied a fair hearing.
However, Justice Bahati Mwamuye ruled that the Senate did not act in deliberate defiance of the court order issued by the high court sitting in Meru in High Court constitutional and human rights petition E013 of 2024.
Mwamuye pointed out that the Senate was not involved in the petition at the High Court in Meru and Mwangaza had not notified it of the same and thus, that could not invalidate the impeachment action by the Senate.
"The petitioner had not proved that the Senate's deliberations were prejudiced or were likely to prejudice ongoing proceedings in various courts where those matters are being litigated, and therefore, the argument advanced by the petitioner was insufficient to invalidate the impeachment action by the Senate," stated Mwamuye.
Mwangaza had also argued that the Senate impeachment was due to violation of the right to a fair hearing. Mwangaza had argued that the proceedings in the Senate were marred with chaos which erupted before she was accorded the opportunity to defend herself but the judge dismissed the claim.
Mwamuye said after noting that the issue of public participation had earlier been filed at the High Court in Meru, he decided to let it be determined by that court.
The judge also affirmed the gazette notice issued by the Senate on August 21, 2024 communicating the decision and resolution of the Senate to remove Mwangaza from office by way of impeachment.
"Consequent to (the orders) the subsequent constitutional and statutory actions (swearing in of Mwangaza's replacement) are to take place as per the applicable timelines," the judge said.
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