The High Court has issued conservatory orders, temporarily suspending the impeachment of Meru governor Kawira Mwangaza.
During a court ruling on Wednesday August 21, 2024, High Court Judge Bahati Mwamuye also barred Senate Speaker Amason Kingi from declaring Meru governor’s seat vacant.
“Pending the inter partes hearing and determination of the Application dated 21/08/2024, a conservatory order be and is hereby issued restraining 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,” read part of the ruling.
At the same time, the court barred the gazettement of deputy governor Isaac Mutuma as Meru governor.
“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 Judge noted.
Mwangaza’s lawyer Elias Mutuma told the court that the Senate voted on matters that are largely and substantially under consideration before courts.
“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,” said Mutuma.
Mutuma added that the voting on the motion to remove the Governor by impeachment was also done on 21st August 2024 at about 12.08 am, on a day which was not gazetted for such purpose.
The lawyer submitted that the matter should be treated as urgent, since some individuals were hurriedly pushing for the removal of governor Mwangaza from office.
Meanwhile, the court ordered the respondent to file and serve a response to the Application dated 21/08/2024 by close of business on 28/08/2024.
The Respondent was also directed to file and serve written submissions by close of business 11/09/2024.
The matter shall be mentioned on 17/09/2024 to confirm compliance and to take a priority date for highlighting of written submissions.
