This came after the embattled county boss filed an urgent application seeking to challenge her removal from office.
Ousted Meru Governor Kawira Mwangaza has got a reprieve after the High Court in Milimani, Nairobi, on Wednesday, August 21 temporarily halted the Senate’s decision to impeach her.
This came after the embattled county boss filed an urgent application seeking to challenge her removal from office.
“Upon a preliminary consideration of the same, I am satisfied that the Application raises constitutional, legal, and factual issues that meet the threshold that warrants immediate intervention by this Court by way of the issuance of ex parte interim conservatory orders,” Justice Bahati Mwamuye stated in part.
The court’s decision was delivered on August 21, 2024, after considering the notice of motion application and supporting affidavit submitted by the Governor. The petition was certified as urgent.
The Milimani Law Courts in Nairobi. /FILE
The High Court resultantly issued several key orders including the suspension of the Senate’s resolution to remove Governor Mwangaza from office.Â
“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,” the orders read.
The court has prioritized the hearing of this case, setting a tight timeline for the involved parties to file and respond to submissions. The Respondent, presumably the Senate, thus has until August 28, 2024, to respond to Governor Mwangaza’s application.Â
The Governor will then have until September 4, 2024, to file a rejoinder, with the Respondent required to submit their written submissions by September 11, 2024. If necessary, the Governor has the option to file a final rejoinder by September 13, 2024.
The case is set to be mentioned on September 17, 2024, for compliance confirmation and to schedule a date for highlighting the written submissions.
The court’s orders emphasize the seriousness of the matter, with a penal notice warning that any disobedience of the court’s orders will result in legal consequences.
Meanwhile, nominated Senator, Karen Nyamu on Wednesday, August 21 accused the Senate of using flimsy grounds to uphold the impeachment of Governor Mwangaza by the Meru County Assembly.
“Very weak grounds to uphold an impeachment. The threshhold was missed by far. However, a political decision had to be arrived at to save Meru from the back and forth.Â
“How are you not able to deal with your people? As governor, you were the senior most politician in Meru. You should be the one doing the victimizing, and not complaining of the same. All in all it’s a sad day. From G7 to G6? Painful,” she lamented.
Meru Governor, Kawira Mwangaza appearing before the Senate on August 19, 2024. /PARLIAMENT OF KENYA