• Monday, 23 December 2024
High courts suspends the impeachment of Kawira Mwangaza

High courts suspends the impeachment of Kawira Mwangaza

The High Court in Milimani, Nairobi, on Wednesday temporarily halted the Senate's decision to impeach Meru Governor Kawira Mwangaza. 

This follows an urgent application filed by the aggrieved politician, seeking to challenge her removal from office.

The court's decision was delivered on August 21, 2024, after considering the notice of motion application and supporting affidavit submitted by the Governor. The petition was classified as urgent.

In the ruling, the court noted that the application presented "constitutional, legal, and factual issues" that justified immediate intervention.

The High Court, as a result, issued several key orders, most notably the suspension of the Senate's resolution to remove Governor Mwangaza from office. 

The court also restrained the speaker of the Senate or any other authority from declaring or publishing the vacancy of the Governor's office in the Kenya Gazette. These orders are to remain in effect until the case is heard and determined.

"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," the ruling by Justice Bahati Mwamuye read in part.

The court prioritised the hearing of this case, setting a tight timeline for the parties involved to file and respond to submissions. 

The respondent, which is the Senate and its Speaker, was given until August 28, 2024, to file a response to Governor Mwangaza's application. 

The Governor will then have until September 4, 2024, to file a rejoinder, with the respondent required to submit their written submissions by September 11, 2024. 

If necessary, the Governor has the option to file a final rejoinder by September 13, 2024.

The case is set to be mentioned on September 17, 2024, for compliance confirmation and to schedule a date for highlighting the written submissions.

The court's orders emphasise the seriousness of the matter with a penal notice warning that any disobedience of the court's orders will result in legal consequences.

Notably, the decision by the High Court comes barely a day after the Senate upheld the impeachment of the embattled governor.

In a public gazette notice on Wednesday, August 21, the Senate published its decision to remove the embattled governor from office by way of impeachment.

"Pursuant to Article 181 of the Constitution, section 33 of the County Governments Act (Cap. 265) and Standing Order 80 of the Senate Standing Orders, on Tuesday, 20th August, 2024, the Senate resolved to remove from office, by impeachment, Hon. Kawira Mwangaza, the Governor of Meru County on the following grounds: gross violation of the Constitution and other laws, gross misconduct and abuse of Office," the gazette notice read in part. 

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