Opinion split on Senate's move to dim Mwangaza's light

 

Meru Governor Kawira Mwangaza during the impeachment hearing before the Senate Assembly on August 20, 2024. [Boniface Okendo, Standard]

Mixed reactions followed her impeachment, with some claiming she was unfairly targeted. Lawyers Gitobu and Mugambi Imanyara criticized the Senate’s decision, arguing that the charges didn’t meet the impeachment threshold. They vowed to take the case to the Supreme Court if necessary.

“The charges against Kawira Mwangaza did not meet the threshold of impeachable offences. The Senate has cheapened the value and relevance of the impeachment process and, in the process, politicised a constitutional principle intended to serve as a necessary check on the excesses of county assemblies. This also discourages independent candidates from contesting elections in the future,” said Gitobu, a former Central Imenti MP.

Political activist Mike Makarena and Kiagu MCA Kiambi Ngaruni echoed concerns about the fairness of the process, with Ngaruni expressing confidence that the court would reinstate Mwangaza.

“There was a lot of noise in the Senate, and some senators were not allowed sufficient time to contribute to the debate. I have faith that through the court, the governor will not be kicked out. The issue was in court, and I was surprised that they (senators) were debating it,” Ngaruni said.

However, some leaders and their supporters celebrated Mwangaza’s removal.

Supporters of her Deputy Governor Isaac Mutuma celebrated the outcome and expected him to be sworn in as governor in a matter of days.

Meru Deputy Speaker Ali Mwenda applauded the Senate for upholding the MCAs’ decision to remove Mwangaza from office.

“For the first time, Meru is free. I applaud the Senate for upholding the impeachment on merit,” said Mwenda.

DG Mutuma, a cleric in the Methodist Church in Kenya, had fallen out with his boss and expressed frustration that her administration had excluded him, adding to the growing number of her opponents in Meru.

A section of MCAs and MPs had rallied to Mutuma’s side, an act that attracted the anger of Mwangaza, who accused him of working with her political adversaries.

Kiirua-Naari MCA Jennifer Murogocho, the only woman elected representative in the county, said it was a blow against women’s leadership, even as she alleged the impeachment was predetermined.

She argued that Mwangaza deserved the opportunity to lead the county, as a vast majority of residents had not expressed dissatisfaction with her leadership; it was only the political class that wanted her out.

“As a woman and elected leader, I can tell you it was a struggle for me to win my ward election against 17 men. So she (Mwangaza) did very well to convince voters in Meru’s 45 wards to elect her. For her, it must have been a struggle to campaign and win, and people on the ground feel the same as I do—that she should have been given an opportunity to serve,” Murogocho said.

David Karani, a human rights defender, favored the dissolution of the county to pave the way for fresh elections as a means of settling the political disputes.

“The matter has gone to court, and we are likely to see endless court battles, which makes me fear it will affect service delivery,” Mr Karani said.

Karani warned that residents risked missing out on services as leaders continue to battle in court.

“A way must be found to ensure the common mwananchi does not suffer as a result of this development. For me, what is important is ensuring that residents are catered for in terms of development,” Karani said.

Political analyst Oscar Mutugi said it was expected that Mwangaza would move to the High Court and potentially the Supreme Court to challenge the confirmation of her ouster by the Senate.

“The court at this stage will not be examining the content of the impeachment, but rather the process. If the impeachment was conducted according to the law, that suit would be lost.

“However, the standard procedure as outlined in the Constitution is that Mutuma will proceed to be sworn in as the fourth Governor of Meru and be deemed to have served a full term as governor,” Mutugi opined.

Professor Gitile Naituli said: “DG Mutuma M’ethingia will be sworn in as Meru governor in 14 days. After that, he will name a deputy governor, who will then be confirmed by the assembly.”