Embattled Meru Governor Kawira Mwangaza on Wednesday got temporary relief after the high court suspended her impeachment hours after Senate voted to remove her from officer.
Senate voted in the wee hours of Wedneday to ratify her impeachment by the Meru MCA’s.
In her ruling, Justice Bahati Mwamuye said she was satisfied that the Application raised constitutional, legal, and factual issues that meet the threshold that warrants immediate intervention of the issuance of ex parte interim conservatory orders.
“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 order reads.
Justice Mwamuye has further barred the Speaker of the Senate, or any other person or authority, from publishing or causing to be published in the Kenya Gazette a notification or declaration of a vacancy in the Office of the Governor of Meru County.
The matter shall be mentioned on September 17 to confirm compliance and to take a priority date for highlighting of written submissions.
Mwangaza moved to court early morning following her ouster arguing that the process of her removal by senate was flawed.
Through Lawyer Elias Mutuma, Mwangaza said on Wednesday morning between 12.08am and 12.55am, the Senate voted in approval of a motion to remove her by impeachment in a chaotic session where members of the Senate were denied a chance to debate the motion and several members abstained the vote in protest.
“This raises a legal question on the validity of such a resolution that has far reaching consequences for the Petitioner,” reads court papers.
Mutuma argues that the Senate voted on matters that are largely and substantially under consideration before courts of competent jurisdiction, being sub judice, and in the face of an order of the High Court halting the impeachment process against the Governor.
Further, it is their argument that the manner and substance of the voting and entire consideration of the impeachment motion by the Senate raises further legal concerns and taints the validity of the resolution, as it records the highest number of abstained votes, having 14 members who protested against the vote for lack of an opportunity to debate the motion.
Mutuma also claims that the voting on the motion to remove the Governor by impeachment was also done on August 21 2024 at about 12.08 am, on a day which was not gazetted for such purpose.
