The High Court in Milimani, Nairobi, temporarily halted the Senate’s decision to impeach Meru Governor Kawira Mwangaza on August 21, 2024. This ruling came after Governor Mwangaza filed an urgent application challenging her removal from office.
The court, recognizing the urgency and the “constitutional, legal, and factual issues” involved, decided that immediate intervention was necessary. The petition was therefore classified as urgent, and the Senate’s decision was put on hold pending further review.
The High Court, in its ruling, issued several significant orders following the urgent application by Governor Kawira Mwangaza. Most notably, the court suspended the Senate’s resolution to remove her from office.
Additionally, the court restrained the Speaker of the Senate or any other authority from declaring or publishing the vacancy of the Governor’s office in the Kenya Gazette. These orders will remain in effect until the case is fully heard and determined.
Justice Bahati Mwamuye, who delivered the ruling, stated, “Pending the inter partes hearing and determination of the Application dated 21/08/2024, a conservatory order be and is hereby issued staying the furtherance or the implementation of the Resolution of the Senate removing the Governor of Meru County, Hon. Kawira Mwangaza, from Office by way of impeachment.”
The High Court has prioritized the hearing of Governor Kawira Mwangaza’s case, setting a strict timeline for submissions. The Senate and its Speaker, as respondents, have until August 28, 2024, to file their response to Mwangaza’s application.
The Governor is then required to file her rejoinder by September 4, 2024, with the respondents expected to submit their written submissions by September 11, 2024. If needed, the Governor may file a final rejoinder by September 13, 2024. This timeline ensures an expedited process for resolving the legal challenge to her impeachment.
The High Court has scheduled the case for mention on September 17, 2024, to confirm compliance with its orders and to set a date for highlighting the written submissions. The court emphasized the gravity of the situation, issuing a penal notice warning that any disobedience of its orders will result in legal consequences.
This High Court decision came just a day after the Senate upheld the impeachment of Governor Kawira Mwangaza. On August 21, 2024, the Senate published its decision in a public gazette notice, officially removing the governor from office through impeachment.
The notice stated that the decision was made pursuant to Article 181 of the Constitution, Section 33 of the County Governments Act, and Standing Order 80 of the Senate Standing Orders. The grounds for impeachment included gross violation of the Constitution and other laws, gross misconduct, and abuse of office.