The High Court has dismissed Governor Kawira Mwangaza’s petition challenging her impeachment, upholding the Senate’s resolution to remove her from office.
In a ruling delivered by Justice Bahati Mwamuye, the court determined that the impeachment process met constitutional requirements and that the governor was accorded a fair hearing.
Governor Mwangaza had sought to overturn the Senate’s decision,.
Arguing that her impeachment violated constitutional provisions, including her right to a fair trial and public participation.
She also claimed that the process defied a valid court order and was based on matters still pending before the High Court in Meru.
However, the Senate, through its Speaker, defended the process, stating that all legal requirements were met and that the governor had been given an opportunity to defend herself.
After reviewing the case, the court identified seven key issues, including whether the Senate’s impeachment was unlawful, whether public participation was sufficient, and whether the process breached her right to a fair hearing.
Court Finds no grounds to overturn impeachment
The ruling addressed each of these concerns, ultimately finding no reason to overturn the Senate’s decision. The court ruled that:
- The Speaker of the Senate was a proper party in the case, and the Senate had the authority to conduct the impeachment.
- The Senate did not act in defiance of a court order, as it was not a party in the related Meru High Court case.
- The impeachment did not violate the sub judice principle, as there was no evidence that the Senate’s deliberations interfered with ongoing court proceedings.
- The issue of the constitutionality of Section 33(8) of the County Governments Act was pending before the High Court in Meru and would be determined separately.
- The question of whether public participation was sufficient would also be addressed in the Meru High Court case.
- The Senate’s impeachment process met the constitutional threshold.
- Governor Mwangaza was given a fair hearing.
As a result, the court dismissed the petition and affirmed the Senate’s resolution, paving the way for constitutional and statutory actions to proceed.
This ruling marks a significant chapter in Meru County’s leadership, reinforcing the Senate’s authority in holding governors accountable.
