Drama as Senators ask court to uphold Mwangaza's impeachment

Embattled Meru County Governor Kawira Mwangaza is consoled by her husband Murega Baichu after surviving her second impeachment by the Senate on November 8, 2023, at the Parliament buildings, Nairobi. [Elvis Ogina, Standard]

The Senate now wants the court to lift a High Court order that halted the impeachment of Meru Governor Kawira Mwangaza.

In a response to Mwangaza's petition, the Senate contended that she improperly sued only the Speaker of the House, Amason Kingi, while excluding the Senate and the lawmakers who voted in favor of her removal.

Senators on Tuesday informed Justice Bahati Mwamuye, presiding over the matter that they want to join the case, emphasizing that only the Senate can address the issues raised concerning the impeachment proceedings.

They argued that the court's order has far-reaching implications that encroach on the Senate's mandate, labeling Mwangaza's petition as "incurably defective" due to the omission of the Senate from the proceedings.

Furthermore, the Senate criticized the court order issued on August 21, 2024 claiming it violates the principles of natural justice, which provides that parties have a right to be heard before adverse orders are made against them.

"The Senate was not given an opportunity to be heard," Kingi says in the application, adding that the Speaker has no vote on matters before the House.

The senators' lawyer wants the orders set aside suspending the removal of Mwangaza from office arguing that the Senate was not given an opportunity to present its case.

The Meru County Assembly had previously endorsed the decision to impeach Mwangaza after 26 members supported three charges against her, marking the third attempt at her removal.

But Mwangaza, through Lawyers Elisha Ongoya and Elias Mutuma on her side, told Justice Mwamuye that she has also filed an application seeking to extend the interim orders barring her removal from office pending determination of her petition challenging the Senate's decision to uphold her impeachment.

In the case, Mwangaza challenged the process, asserting it took place on a day not officially designated for a Senate sitting, thereby violating the constitutional mandates of the House.

Additionally, she claimed the charges brought against her did not meet the legal threshold required for a governor's removal.

In her petition, she argued that section 33(8) of the County Governments Act, which allows for the re-introduction of charges that previously failed to result in removal, is unconstitutional and constitutes double jeopardy, contrary to Article 50(2) of the Constitution.

Senators have also opposed the request by the Council of Governors (CoG) and the Federation of Women Lawyers – Kenya (FIDA Kenya) to join Meru Governor Mwangaza's case challenging her impeachment.

They argue that the move is aimed at wasting the court's time and serves only to benefit Mwangaza, who is currently enjoying ex-parte orders barring her removal.

The senators contend that the inclusion of CoG in the proceedings could complicate the legal process and delay a resolution to the matter.

The Council urged the court to be allowed to join the case saying it aims to participate in the proceedings to address the implications of the case on county governance and the broader legal framework surrounding impeachment processes.

In their request, governors argue that their involvement is crucial for ensuring that the interests of county governors are represented, especially in light of the constitutional issues at stake.

They believe that the outcome of this case could set a significant precedent for future impeachment proceedings across the country.

The tension between the Senate and CoG highlights the complexities surrounding the impeachment process and the varying interests at play.

Following, the heated controversies between the Council and the Senate on Tuesday, Justice Mwamuye ordered the applications for joinder filed by county bosses, Fida, and other three parties including a voter from Meru be heard on Wednesday at 10 am.

Justice Mwamuye has ordered the Directorate of Criminal Investigations (DCI) to arrest Moses Kimson, a voter from Meru, for contempt of court.

This is after Kimson disrupted court proceedings by sending a text message and shouting in court, questioning why the court issued an order allowing Kawira back to office.

In his message, Kimson lamented about the state of healthcare in Meru, highlighting that the region has been without doctors for over 60 days.

The court viewed his actions as undermining the judicial process and therefore found him in contempt.