Meru High Court suspends impeachment motion against Governor Mwangaza
The Meru High Court has suspended the hearing of an impeachment motion against Governor Kawira Mwangaza.
The impeachment motion by Abogeta West MCA Dennis Kiogora, who is also the minority whip, was set to be tabled, debated, and voted on today, November 30.
In the ruling, Justice Wamae Cherere said that the Meru County Assembly did not follow a proper procedure in initiating the motion.
According to Cherera, the impeachment motion is flawed and Mwangaza’s constitutional rights.
Justice Cherere decided in favour of Mwangaza, who sought an order prohibiting Members of the County Assembly (MCA) from considering an impeachment motion against her.
“That conservatory order be and is hereby issued prohibiting the respondents from discussing, debating, or in any way whatsoever dealing with the impeachment motion against the petitioner scheduled for debate on November 30,” read the ruling in part.
Mwangaza filed a court petition last week, claiming that she may not receive a fair hearing from the assembly because 68 of 69 MCAs signed the motion, meaning that they had a fixed mindset.
Elias Mutuma, her lawyer, also claimed that the publishing of the impeachment motion was called and signed by a stranger in the legislature acting as the clerk.
During a hearing on Monday, the assembly told the court, through its lawyer Muthomi Theankolu, that one institution cannot prevent another from carrying out its duty.
He also argued that the Senate, not the Assembly, should make the final decision on the motion.
Mwangaza has maintained that the accusations levelled against her were unfounded. She insisted that she was not concerned about impeachment because her job is built on the constitution.
“The office of the governor is not established through a piece of paper so that you discard it at your whims. It is unheard of to impeach a governor after just two months in office. What have I done?” the governor posed.
Lawyers Muthomi Thiankolu and Mugambi Mawira urged the court to dismiss Mwangaza’s plea, alleging that it was being exploited to conduct political battles. They stated that Mwangaza would not be disadvantaged because she would be given the opportunity to react to the allegations in front of the assembly.
The case will be heard on 25th January 2023.
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