Senator Amason Kingi has urged the High Court to uphold the impeachment of Meru Governor Kawira Mwangaza defending the process as legitimate and within the law.
Kingi, through his lawyer Eugene Mukele, requested Justice Bahati Mwamuye to dismiss Mwangaza’s petition and uphold the decisions made by the Senate and Meru County Assembly, culminating in the governor’s removal from office.
In his submission, Mukele emphasized that the impeachment was “proper and within the convenes of the law,” pointing out that there were no legal grounds to challenge the procedure.
“The impeachment was proper and within the convenes of the law,” Mukele told the court.
Kingi also challenged the grounds on which Mwangaza had sued him, questioning why she had chosen to personally sue him rather than the Senate alongside the senators
According to Kingi, as Speaker of the Senate, he does not have a voting veto and is only responsible for regulating debate and making a final decision once senators reach a resolution.
“The speaker does not have a voting veto but only regulates debate and makes a final decision after senators arrive at a resolution,” Mukele said.
Further addressing the issue of a fair hearing, Kingi rejected Mwangaza’s claims that she was denied the opportunity to defend herself during the impeachment process.
A video was played in court to support Kingi’s position, showing that Mwangaza was not denied a chance to speak before the Senate.
The 47-second video showed Kingi giving Mwangaza two minutes to defend herself which did not happen allowing the senators to cast votes against her.
Mwangaza, through her lawyers Elisha Ongoya and Elias Mutuma, had argued that she was not afforded a fair opportunity to defend herself, citing chaos that disrupted the proceedings.
The governor also contended that 15 senators had protested the impeachment process, arguing that it was unfair and that they were not given sufficient time to debate the motion.
However, Kingi dismissed these allegations, asserting that all senators were given ample time to participate in the process.
He further reiterated that the impeachment was not motivated by malice or ill will, dismissing claims that the decision had been preordained.
“I confirm to this court that the decision to remove Mwangaza was not predetermined all processes were followed,” Mukele stated
Additionally, Kingi defended the decision to publish a gazette notice before the vote, which Mwangaza had criticized as being an improper move and there was a predetermined decision to kick her out of office.
In support of the impeachment, Zipporah Kinya, the mover of the motion in the Meru County Assembly, also urged the court to uphold the impeachment decision.
Kinya, through her lawyer Eric Muriuki, stated that there was no valid court order preventing the County Assembly or Senate from discussing or impeaching Mwangaza.
“I urge this court to uphold the two decisions to oust Mwangaza for failing to live up to the expectations of both the law and discharge of her duties in accordance with the law,” Muriuki submitted.
On the other hand, FIDA lawyer Eunice Lumallas took a different stance, arguing that the repeated impeachment attempts against Mwangaza demonstrated a gendered political attack by male leaders.
She urged Justice Mwamuye to quash the impeachment decisions, arguing that Mwangaza should be allowed to serve the people of Meru as she had promised during her campaigns.
“The impeachment of Kawira five times is a clear indication that the male leaders do not want her to discharge her mandate as the elected governor of Meru,” Lumallas stated.
The Council of Governors has also expressed its support for Mwangaza’s petition, accusing the MCAs and the Senate of undermining her ability to serve the people of Meru.
They called for the High Court to overturn the impeachment, asserting that Mwangaza had not been given a fair chance to fulfill her duties as governor.
