NAIROBI, Kenya – Meru Governor Kawira Mwangaza has lost her bid to overturn her impeachment after the High Court upheld the Senate’s decision to remove her from office.
In a ruling delivered on Friday, Justice Bahati Mwamuye dismissed Mwangaza’s petition, stating that the Senate acted within the Constitution and followed due process in her ouster.
The court found no merit in her claims that the impeachment was irregular and ruled that the official gazette notice removing her from office remains valid.
“This court finds that the amended petition is without merit and is dismissed. The gazette notice published on August 21, 2024, to remove her from office is affirmed,” Justice Mwamuye ruled.
The ruling means that unless Mwangaza secures an order staying the decision from the Court of Appeal, Meru Deputy Governor Isaac Mutuma M’Ethingia will assume the governorship.
Mwangaza was impeached on August 21, 2024, after 27 senators upheld the charge of abuse of office, with only one opposing and 14 abstaining.
The charge of gross violation of the Constitution and other laws saw 26 senators vote in favor, four against, while 14 abstained.
Another 26 senators also supported the charge of gross misconduct, two opposed, and 14 abstained.
Most of the abstentions came from senators allied with the Opposition.
Following the Senate’s resolution, Speaker Amason Kingi declared that Mwangaza had ceased to hold office, citing provisions of the Constitution and the County Governments Act.
Mwangaza had challenged her impeachment on several grounds, including lack of public participation, procedural irregularities, and alleged violation of court orders.
However, the High Court ruled that the Senate followed due process and did not violate any legal directives.
On the issue of public participation, the court noted that while it is a constitutional requirement, it primarily occurs at the county level during impeachment proceedings rather than in the Senate.
The court refrained from making a definitive ruling on this matter, stating that it is the subject of another case pending before the Meru Court.
Mwangaza had also alleged that the Senate disobeyed court orders by proceeding with her impeachment despite pending legal challenges.
However, Justice Mwamuye dismissed this argument, stating that there was no proof that the Senate had been formally served with valid orders to halt the process.
“The Senate could not have disobeyed orders that were never properly brought before it,” the ruling stated.
Furthermore, the court rejected claims that Mwangaza was denied a fair hearing, finding that official records showed she was given time to defend herself.
“Whether she chose to remain silent or not did not change the fact that she was given a chance to present her defense,” the judge noted.
This marks the third time Mwangaza faced impeachment proceedings since her election in August 2022.
Her first impeachment was handled by a Senate committee, while the second and third attempts were decided through plenary votes.
