High Court Extends Suspension Of Kawira Mwangaza's Impeachment By 4 Months
This means that the embattled governor will continue serving in her capacity.
Viral Tea Ke Writer 
Meru Governor Kawira Mwangaza is set to remain in office for longer after the High Court extended conservatory orders, which halted the Senate's decision to impeach her, by 120 days.
On Wednesday, December 18, Justice Bahati Mwamuye ruled that the decision to uphold the orders issued by the High Court in Meru allowed Mwangaza to continue discharging her gubernatorial duties before the full and final hearing set for a later date.
This means that the embattled governor will continue serving in her capacity. The judge had found that a leadership vacuum in the county would lead to a crippling of operations at the county.
"I shall in this ruling confirm and extend the interim (conservatory) orders for a period of 120 days from the date hereof and in that time, the petitioner shall continue to serve as the governor of Meru county with a provision that a judgement in this matter may be rendered before the lapse of those 120 days on the date hereof," the judge ruled.
The Milimani Law Courts in Nairobi. /FILE
While upholding the orders, the judge rejected an application by the Senate to lift the orders, which would have effectively sealed her ouster from her position.
On August 21, 2024, the Senate upheld the impeachment of Mwangaza by the Meru County Assembly, which would have made her the first governor in the Kenya Kwanza regime to be removed from office.
The judge stressed that the aspect of public interest was a significant factor in the delivery of his ruling stating that the people of Meru needed to have a leader in the office of the Governor.
Mwangaza had filed an urgent application seeking to challenge her removal from office. The court's decision which suspended her impeachment by the Senate was delivered on August 21, 2024, after considering the notice of motion application and supporting affidavit submitted by the Governor. The petition was certified as urgent.
The High Court resultantly issued several key orders including the suspension of the Senate's resolution to remove Governor Mwangaza from office.
"Pending the inter partes hearing and determination of the Application dated 21/08/2024, a conservatory order be and is hereby issued restraining the Speaker of the Senate, or any other person or authority, from publishing or causing to be published in the Kenya Gazette a notification or declaration of a vacancy in the Office of the Governor of Meru County," the orders read.
Senate Majority Leader Aaron Cheruiyot moved the motion to impeach Governor Mwangaza which was seconded by Senator Nderitu Kinyua. The Senators then moved to vote on the following charges against her, a process that extended beyond the midnight hours of Wednesday, August 21:
- Count 1: Gross Violation of the Constitution and Other Laws- 26 voted yes, 4 no, with 14 abstentions
- Count 2: Gross Misconduct- 26 voted yes, 2 no, with 14 abstentions
- Count 3: Abuse of Office- 27 voted yes, 1 no, with 14 abstentions
Following the voting on the three charges, Senate Speaker Amason Kingi announced that Mwangaza had ceased to hold office.
“Pursuant to Article 181 of the Constitution, Section 33 of County Government Act and Standing Order 86 of the Senate Standing Orders, the Senate has resolved to remove from office by impeachment Hon. Kawira Mwangaza, the Governor of Meru County and the governor accordingly ceases to hold office,” Kingi announced.
