Court refers Mwangaza, MCAs dispute to Njuri Ncheke elders

Meru Governor Kawira Mwangaza during the launch of the County community health project in Imenti on February 7, 2024. [Phares Mutembei, Standard]

The High Court in Meru has referred the dispute between Governor Kawira Mwangaza and the Meru County Assembly to the Njuri Ncheke Supreme Council of Ameru elders for alternative dispute resolution (ADR).

Court documents show that Mwangaza and the MCAs are supposed to appear before Njuri Ncheke on July 31, 2024.

"That parties herein are directed to appear before Njuri Ncheke with their advocates before Wednesday the 31st of July 2024," the High Court deputy registrar wrote.

This is after the court on Wednesday temporarily stopped impeachment proceedings against the governor.

Justice Linus Kassan was supposed to deliver a ruling on Monday on the fourth impeachment proceedings against Mwangaza but postponed it to August 20, 2024, to give room for alternative dispute resolution.

"That Njuri Ncheke Supreme Council of Ameru elders are hereby ordered to submit their resolution or lack of it on the dispute between the parties herein as directed by the President of the Republic of Kenya not later than three weeks from today," the High Court deputy registrar wrote. 

"That to promote an active ADR, Ruling is deferred to August 20, 2024."

Governor Mwangaza claimed that all four impeachment motions were sponsored by her political enemies, to sabotage her development agenda and welcomed the court decision to refer the matter for ADR.

This came weeks after President William Ruto met the Njuri Ncheke elders and other Meru leaders at Sagana State Lodge and asked them to resolve the wrangles between the governor and MCAs.

If the reconciliation talks headed by the Njuri Ncheke elders, who also run traditional courts and have their parliament and enforce customary laws, fail to resolve the differences between the assembly and Mwangaza, the matter will proceed to a full hearing in court. 

Meru County assembly, through a motion tabled by nominated UDA MCA Zipporah Kinya, is seeking to impeach Governor Mwangaza for the fourth time. 

However, Ms Kinya differed with the court's decision on the impeachment proceedings.

"In my opinion, there is no provision in the Constitution that says gross violation of the Constitution can be negotiated. The ruling is out rightly corrupted, but the power of the people is supreme," she said.

Njuri Ncheke Supreme Council through Secretary General (Operations) Josphat Murangiri said, though President Ruto had only asked them to bring all leaders together and unite them, there was no mention of resolving the impeachment proceedings but they were ready to do so. 

"But if the court says we do it (mediate) we will see what we can do," said Mr Murangiri.

Mwangaza last week rushed to court to stop the impeachment proceedings, arguing the assembly was out to impeach her using the same charges dismissed by the Senate previously.

She further claimed that the motion had forged signatures of MCAs who were against the impeachment. 

Lawyers Elias Mutuma and Ashaba Mark for Mwangaza poked holes in the impeachment motion claiming that it was inspired by malice and instigated by Mwangaza's political opponents.