Why Senate wants court to uphold Mwangaza's removal

The Senate has appealed 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 favour of her removal.

“It is only the Senate that could answer the issues raised regarding the proceedings before the House,” the court papers read.

Senators on Tuesday informed Justice Bahati Mwamuye presiding over the matter that they want to join the case.

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

Furthermore, the Senate criticised 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.

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“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 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.

Senators have also expressed strong opposition to 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 CoG 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, CoG argues that their involvement is crucial for ensuring that the interests of county governors are represented, especially in light of the constitutional issues at stake.

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 CoG 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 decision arose 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.