Kawira should turn on her political charm, serve Meru people

The third devolution chapter has been a disaster for the people of Meru, and it appears the nightmare is yet to end. First, let us dispense with the small matter of who is rightfully sitting as Governor of Meru.

On the 20th of August 2024, the Senate, exercising its constitutional powers, removed the governor from office following her impeachment by the Meru County Assembly. On the 21st, the governor obtained conservatory orders at the High Court in Meru staying all proceedings taken pursuant to the Senate decision.

You would have to be a legal magician to find a chink through which the Deputy Governor would sneak into the office of Governor. One of the DG’s barriers is that before he can assume the office of Governor, or perform any functions as such, the Constitution in Article 74 requires that he be sworn in.

In the good old days when the rule of the jungle reigned, the deputy would have been sworn by 6am on the 21st. Fortunately, we are now forced by law to be more civilised.

The Assumption of Office of Governor Act now sets the date on which such swearing is to take place; it is the first Thursday after the 10th day following the publication of the impeachment Gazette.

This aspect was reinforced by the High Court in Petition No E009 of 2021 on the Wajir impeachment where the court found the hasty swearing-in of the Deputy Governor unlawful. His Excellency Rev M’Ethingia should therefore hold his horses until the law clears the path.

Having dispensed with that matter, our concern is the people of Meru. Any county that undergoes the shenanigans Meru is undergoing pays a very heavy price.

Very little by way of development occurs as budgets are rejected, public officers intimidated through removals from office, and a general state of instability, inconsistent with any progressive development, thrives. Impeachments must therefore be reserved for extreme settings.

Now, I do not know whether apart from what was presented in the Senate, Governor Kawira has been guilty of unforgivable transgressions; only her accusers really know why they have harangued her for the last two years.

What I know is what was presented in the three impeachments hardly reaches the threshold required for a constitutionally compliant impeachment.

Because impeachments are an affront to the democratic franchise, the Constitution requires only the most egregious acts to be the basis of impeachment.

The language of the Constitution speaks to “gross” violations of law, “serious” reasons to believe, or “gross” misconduct.

The Constitution recognises that in the course of their duties governors may be guilty of basic breaches of law and misconduct. The law expects there will be methods of censure for such acts.

For an impeachment, which involves a few elected legislators overturning the will of the people expressed through an election, the reasons must be of the most severe kind.

Even then, the law requires that public participation be sought so that it can be confirmed that the legislators’ desires are consistent with “mambo kwa ground”.

I therefore pray that the courts will review the merit of the grounds, and if found unsustainable, nullify the impeachment. Having said the above I must, with utmost humility advise Her Excellency Governor Kawira Mwangaza.

Madam Governor you are a formidable politician; as an independent candidate and a woman in Meru you “felled” two Meru giants, Kiraitu Murungi and Peter Munya. The skills you have honed over many years must now be focused entirely on sorting this issue, since the courts will allow you to continue being governor for the next foreseeable future.

You now know you will be attacked because you are a woman governor in a fiercely male-centric community, that you have problematic MCAs, that you have formidable political opponents who want your seat. Such realities are the inevitable stuff of high octave politics.

You haven’t come this far by being inept. Contextualise your political skills. Avoid unnecessary miscalculations. Anticipate and own the solutions to these foreseeable challenges. You owe it to the great people of Meru who gave you the honour of leading them despite being presented by formidable options.

-The writer is an advocate of the High Court