Meru Governor Kawira Mwangaza will remain in office after the High Court on Wednesday extended orders suspending her impeachment by the Senate until her petition is fully heard and determined.
In a ruling rendered by Justice Bahati Mwamuye extended conservatory orders for 120 days after declining an application to Senate Speaker Amason Kingi and Senators to lift orders allowing Mwangaza to return to office.
“The ex-parte orders issued by this court on August 21, 2024 are confirmed and extended for a period of 120 days from date hereof and in that time Mwangaza shall continue to serve as governor of Meru county with a provision that the judgment of this case maybe rendered before the lapse of those 120 days from the date hereof. Each party to bare its own cost for the two applications,” Justice Mwamuye ruled.
Mwamuye said that setting aside the orders would lead to a gubernatorial succession in Meru pending the conclusion of the impeachment proceedings, raising concerns about how such a transition would be affected if Mwangaza ultimately wins the case.
The extension of the interim orders was granted following arguments from Mwangaza’s legal team led by Elisha Ongoya and Elias Mutuma, who contended that failure to extend the orders would lead to unnecessary disruptions in county leadership.
But the Judge in confirming the orders said some of the issues raised will be dealt with during the main hearing of the matter.
“Not confirming the orders would mean there will be a succession in the officer of Meru Governor. Those changes will not be easy to undo if Mwangaza’s petition succeeds,” the Judge said.
In his ruling, Justice Mwamuye emphasized the importance of maintaining the status quo to avoid public disruption.
The judge emphasised that prudent use of scarce resources is more relevant in such a case as gubernatorial succession in the county would trigger events and changes that would be funded from the public coffers.
“Failure to extend these orders would result in a gubernatorial succession in Meru County, which, if the petition succeeds, would incur significant costs and inconvenience to the public,” he noted.
Justice Mwamuye pointed out that any changes in leadership would require public resources and would not be easy to reverse if the court ultimately ruled in Mwangaza’s favor.
“The public interest favors the continuation of the orders to allow the petition to be heard substantively,” Justice Mwamuye added.
He acknowledged that such transitions are costly in both financial and political terms, particularly in a period of economic challenges in the country.
The court also considered the impact on the people of Meru, who had elected Mwangaza as their governor, highlighting the potential consequences of an abrupt leadership change.
Mwangaza’s lawyers Ongoya and Mutuma had sought the extension of the orders arguing that the impeachment process was flawed and unconstitutional.
They highlighted that the Senate and the Meru County Assembly had ignored a previous court order issued in August 2024 by the Meru High Court, which barred them from proceeding with the impeachment.
“The impeachment proceedings were in defiance of a court order that prohibited the County Assembly of Meru and the Senate from proceeding with the impeachment of the governor,” Mutuma stated.
Mutuma claimed that the Senate had been aware of the court’s order but failed to acknowledge it during proceedings.
He also criticized the Speaker of the Senate Kingi, for disregarding the order and proceeding with the impeachment motion as if it were valid.
“The Senate was fully aware of the court’s order but chose to proceed with the impeachment process,” Mutuma argued.
“This shows a clear disregard for the judicial process and the rule of law.”
“In his opening address, the Speaker Amonson Kingi deliberately avoided acknowledging receipt of the letter from Mwangaza informing him of the order and did not bring it to the Senate’s attention,” Mutuma told the judge.
Furthermore, Mutuma mentioned that during the hearing, Senator Boni Khalwale had drawn the Speaker’s attention to the court order, but the Speaker dismissed him, stating he was out of order.
The lawyers contended that Mwangaza was not given an opportunity to defend herself before the Senate and that the Speaker failed to maintain order during the chaotic debate on the impeachment motion.
The lawyers also argued that the impeachment motion was unconstitutional because it mirrored charges that had previously been dismissed in a 2023 ruling, effectively amounting to double jeopardy.
Furthermore, they raised concerns about the procedural irregularities in the Senate proceedings, including the preparation of a gazette notice announcing Mwangaza’s impeachment a day before the vote was taken.
This, they argued, suggested that the outcome had been predetermined.
In response, the Senate, through its legal representatives, defended the impeachment process, arguing that it was lawful and constitutionally sound.
Senate Speaker Kingi urged the court to lift the orders stating that the people of Meru had exercised their right to remove Mwangaza from office, asserting that the court order halting the impeachment was based on a misunderstanding of the facts.
“The motion to impeach was separate from the earlier motion, and it was filed with full legal backing,” Kingi’s lawyer stated.
“The Governor’s petition is an attempt to undermine the will of the people of Meru, who voted to impeach her.”
Kingi further contended that the governor had wrongly sued only him as the Speaker of the Senate, excluding the entire Senate and the lawmakers who voted to impeach her.
“This case should have been brought against the Senate as a whole, not just against the Speaker,” Kingi’s representative said.
Despite the Senate’s objections, Justice Mwamuye said he was convinced that Mwangaza’s petition raised tangible and triable issues that warranted further examination while interim orders are in place.
He noted that Mwangaza had a strong likelihood of success in the case, and as such, extending the interim orders would allow for a fair hearing.
“I take the position that it would be more prudent and just to avoid potentially reversible harm and prejudice by confirming and extending the interim orders suspending Mwangaza’s impeachment for a few more months,” Mwamuye ruled.
“The public interest is best served by allowing the petition to proceed without disruption.”
