The High Court in Meru on Wednesday, July 24 evening issued a temporary suspension of the impeachment process against Governor Kawira Mwangaza, which was to be debated today (Thursday, July 25).
This decision, rendered by Justice L. Kassan, follows a petition filed by Governor Mwangaza, who argued that her constitutional right to a fair hearing was being compromised.
In his ruling, Justice Kassan underscored the importance of due process in political proceedings, stating, “An impeachment is a process that directly engages a person to be impeached, and the right to a fair hearing must always be upheld.”
He emphasized that maintaining the status quo is crucial to ensure that all evidence is thoroughly reviewed without the pressure of impending deadlines.
The court’s decision comes amid serious allegations, including claims of forgery and double jeopardy, which raise significant constitutional questions.
Justice Kassan noted the delicate balance required in granting interim orders, acknowledging that while halting the impeachment could disrupt the County Assembly’s operations, proceeding without a fair hearing could unjustly prejudice the Governor.
“The right to a fair hearing is for all the parties and judicial officers who require time to analyze the evidence without extreme pressure” said Justice Kassan.
A final ruling on the matter has been scheduled for July 29, 2024, highlighting the case’s significance to public interest.
As it stands, the impeachment proceedings against Mwangaza are on hold, marking the fourth attempt to remove her from office. All parties involved will receive the court’s decision via email, ensuring transparency in this high-stakes political situation.
10 MCAs U-turn
The county boss received a boost in her survival chances after 10 MCAs opposed the proposed motion to impeach her, a move that could see the motion collapse at the assembly.
The 10 MCAs who initially signed in favor of the proposed motion made a U-turn, and asked the mover to withdraw the motion and allow dialogue between the county assembly and the executive led by Governor Mwangaza.
The MCAs say their feeling is that the motion was rushed since there was a proposal from the presidency to have dialogue that was supposed to be conducted by the Njuri Ncheke Council of Elders and religious leaders.
The MCAs have also accused their counterparts of not prioritizing the passing of the 2024/2025 budget, a move they say will paralyze the operations of the county government including payment of salaries to employees.
The number of MCAs opposed to the motion now stand at 23 out of 69 leaving 46 members supporting it which is the number required to pass the motion.