On Friday, March 14, the High Court upheld the Senate’s decision to impeach Meru Governor Kawira Mwangaza.
In his ruling, Justice Bahati Mwamuye said the petition did not meet the threshold required to quash the impeachment and consequently validated a gazette notice communicating her ouster from office.
Through the petition, Mwangaza was fighting off a fifth attempt by the Meru Members of County Assembly (MCAs) to remove her from office.
She, however, still has a chance to appeal the ruling at the Appellate Court.
The Meru Governor had sought stay orders suspending the Senate decision to uphold his impeachment.
Since Mwangaza assumed duties as the Governor of Meru in 2022 she has had bad blood between herself and the County Assembly.
Her first impeachment attempt was in December 2022 just a few months after the August elections.
She was however, saved by the Senate Committee appointed to probe her ouster.
The Committee chaired by Kakamega Governor Boni Khalwale dismissed the allegations noting that the relationship between the governor and the County Assembly was acrimonious and threatened to stop operations in the county.
Ten months after he was let off the hook by the Senate, the County Assembly was at it again.
This time, a total of 59 MCAs, all of whom were at the Assembly, out of the total 69 voted in support of the impeachment motion.
In November 2023, the Meru Governor survived the second impeachment after Senators acquitted her of all seven charges brought up against her by the County Assembly.
She faced charges of misappropriation and misuse of resources, nepotism, bullying, illegal appointments, contempt of court, and naming a road after her husband illegally.
“The result of the division indicates the Senate has not upheld any of the charges. Therefore, the Senate has failed to remove the governor by impeachment. The governor accordingly continues to hold office,” Speaker Amason Kingi said.
In 2024, two other attempts were unsuccessful.
The mover of the motion of impeachment, Zipporah Kinya tabled a notice to withdraw the impeachment bid which was then debated and approved by the members.
One of the main reasons for the withdrawal of the motion was that it was overtaken by time.
Such a motion ought to be debated and sent to the Senate within 10 days after the notice.
The other attempt would also see the High Court intervene and it directed Mwangaza and the MCAs to seek the intervention of the Njuri Ncheke elders to solve whatever issues they had.
The elders declined to mediate saying that they could not interfere with Constitutional matters.
On August 8, 2024, the MCAs successfully impeached Kawira Mwangaza for the third time, on their fifth attempt.
The Senate would later on uphold the impeachment.
Some 26 senators voted to uphold the first charge of gross violation of the Constitution and other laws.
Some 14 senators abstained while four voted in her favour.
On the second charge of gross misconduct, 26 senators voted in favour of her impeachment, two against, while 14 others abstained.
27 senators upheld the charge of abuse of office, one voted against and 14 abstained.
Most of those who abstained are allied to the Opposition parties.
