Embattled Meru Governor Kawira Mwangaza has for the second time survived an impeachment motion lodged against her at the Senate.
Majority of the legislators voted against all 7 allegations laid against her thus shooting down the motion.
The Governor who had been impeached by 59 MCAs of the Meru County Assembly was facing 7 accusations including; misappropriation and misuse of county resources, bullying and vilification of other leaders, contempt of court, illegal appointments, and usurping statutory powers, illegally naming a public road after her husband, and contempt of the Assembly.
The two-day-long hearing witnessed different sides table their submissions as Senators posed questions to the Governor and lawyers representing the MCAs.
Meru Governor Kawira Mwangaza follows the proceedings of her impeachment case
Meru County MCAs through their lawyer Muthonu Thiankolu leveled the accusations against the Governor arguing that the county chief had demonstrated inability to work with other leaders leading to irreconcilable differences.
The MCAs lawyer pleaded with the Senators not to spare the Governor as she had already faced three motions calling for her impeachment.
One of the witnesses took to the stand alleging that Governor Kawira Mwangaza’s husband had threatened him and ordered him not to step back into his office despite a court order allowing him to do so.
“We made several efforts to be reinstated back to our office because we were sent home unprocedurally,” Paul Mwaki Arimi, the CEO of Alcoholic Drinks Control Board-Meru said.
Governor Kawira however pleaded not guilty to all the seven charges and dismissed the evidence tabled by the MCAs.
Her lawyers put up a spirited fight by tabling their evidence and lined up various witnesses to defend her.
“The issue of misappropriation of funds. We do not have any report from the Auditor General, what we have is a complaint presented to the EACC,” one of her lawyers stated.
The Meru Governor accused the MCAs of being misled citing that they had already buried the hatchet in the past.
‘‘Pressure has been mounted on Members of the County Assembly of Meru by the same leaders and they had no option apart from adopting an impeachment motion where they were forced to sign and impeach,’’ Governor Kawira stated.
This was the second time the Meru Governor appeared in the Senate for an impeachment hearing after surviving a similar attempt in December 2022.
Embattled Meru Governor Kawira Mwangaza has threatened to support a petition for President William Ruto to dissolve the county government, a move that would see members of the county assembly and the executive sent home and fresh elections held.
The High Court has delivered its judgment in a case challenging the ouster of embattled Meru Governor Kawira Mwangaza.
Justice Bahati Mwamuye while delivering the ruling on Friday March 14 stated that the impeachment against Mwangaza should stand as it followed procedural fairness and constitutional requirements.
Mwamuye ruled that the senate’s impeachment process was procedurally sound and does not warrant judicial intervention on grounds of unfair hearing.
He further dismissed Mwangaza’s petition that claimed that the process was marred by chaos, and lack of evidence ruling that she had failed to substantiate those allegations.
“Consequently, and for the following reasons, this court finds and determines that:
a) The amended petition dated December 23, 2024, which is the subject of the proceedings herein, is found to be without merit and is dismissed accordingly.
b) The Gazette Notice Number 10351, Volume CXXVI, Number 130, dated August 20, 2024, published on August 21, 2024, and issued by the respondent, communicating the decision and/or resolution of the Senate to remove the petitioner from office as the governor of Meru County by way of impeachment, is affirmed for the purposes of these proceedings.
c) Consequent to a and b above, the subsequent constitutional and statutory actions are free to take place as per the applicable timelines.
d) Each party shall bear their own costs,” the court ruled.
Court Upholds Kawira Mwangaza’s Impeachment
Mwamuye stated that the court was satisfied that the charges laid before the senate and which were considered by the chamber in favor of impeachment were of a nature that meets the requirements of article 181 (1), clause one of the constitutions.
“The petitioner has not shown that the senate’s analysis of the applicable law and evidence was so profoundly incorrect that no reasonable quasi-judicial body properly applying its mind to the law and the facts would have arrived at that conclusion and thus warranting interference by this court,” Mwamuye noted.
Justice Mwamuye stated that gubernatorial impeachment is an invaluable safeguard against impunity and abuse of office that must be jealously protected.
He added that it must not be allowed to become an avenue for political proxy wars or to resurrect ballot box contestations that were determined by the electorate when it chose a particular candidate to hold the office of governor.
“In that regard, the Senate, as a national legislative body capable of rising above the county-level political fray, is uniquely placed to safeguard the sanctity, probity, and vitality of this very important accountability measure,” he added.
“Watering down impeachment, lowering its threshold too much, or allowing it to become a facade masking hidden political interests, risks eroding public confidence in the process.”
He added, ” Interventions by the courts come further down the impeachment path, and thus, it is the duty of the primary duty bearers—the concerned county assembly and, thereafter, the Senate—to ensure that impeachment remains as constitutionally envisaged.”
The court also declined to issue interim stay orders for Mwangaza to remain as the governor of Meru County and to stop the consequent actions that the judgment of this court has allowed from being implemented.
“I’m noting that our constitutional order gave the petitioner ample time to seek injunctive relief in other fora, and noting that this has been a prolonged litigation in which the petitioner has enjoyed interim relief since the 21st of August, 2024, with respect to a resolution of the Senate that has been found to be lawful by this court, I decline to grant the interim relief or stay sought orally,” Mwamuye noted.
Allegations Made by Mwangaza Dismissed
The court said it assessed the totality of the impeachment process and found that the Mwangaza was given ample opportunity to present her case and respond to allegations leveled against her.
“While the petitioner has pointed out certain aspects of the proceedings that she considers unfair, such as limited debate time, the opportunity to make a personal statement, the alleged chaotic nature of the proceedings, the timing of official communications, and the perceived haste in concluding the impeachment, none of these claims have been substantiated sufficiently to warrant a finding that a fair hearing rights were violated,” the ruling read further.
“The senate proceedings followed standard parliamentary procedure incorporating an opening statement, presentation of evidence, an opportunity for senators to ask questions, and a closing statement.”
Kawira Mwangaza, through her advocates Elias Mutuma and Elisha Ongoya, had moved to court seeking to uphold the decision of Meru voters who elected her over her opponents.
During the hearing, the court was told that the impeachment motion against her was not based on substance but was a scheme to remove her from office by any means.
Kawira argues that the impeachment process before the senate was marred by a series of constitutional violations, procedural defects, and contempt of court.
Kawira Mwangaza Arguments in Court
She asserted that the actions of the senate and the county assembly were not only unfair but also illegal, rendering the entire impeachment process null and void.
“The petitioner further contends that the senate acted in bad faith by continuing with the impeachment despite clear judicial directives,” read the court documents.
“Given these circumstances, the petitioner urges this court to quash the impeachment process, declare it unconstitutional, and up uphold her constitutional rights to due process and a fair hearing.”
She maintained that the proceedings at the Senate violated her right to a fair hearing, as the environment was not conducive to impartial proceedings, and the decision had been pre-determined.
“The petitioner also argues that the impeachment process was fraught with procedural irregularities, which were acknowledged by some senators after the fact,” the documents read further.
“Several senators in media statements and parliamentary sessions admitted that the impeachment was unfair, unprocedural, and invalid.”
Mwangaza was impeached by the Senate in August 2024. On the first charge of gross violation of the Constitution and other laws, the Senate found her guilty, with 26 senators voting to confirm the charge, 4 voting against it, and 14 abstaining.
The second charge followed a similar pattern, with 26 senators voting in favor, 2 opposing, and 14 abstaining. The third charge, abuse of office, saw 27 senators voting to confirm the charge, 1 voting against it, and 14 abstaining.
Mwangaza subsequently sought court orders to allow her to continue serving the people of Meru County. In December 2024, the High Court extended orders blocking the Senate’s decision to impeach her.
High Court Judge Bahati Mwamuye ruled that Mwangaza’s application has met the threshold required for the extension of the orders.
“The respondent’s notice of motion is dismissed, ex-party orders are confirmed and extended for a period of 120 days and at that time she will continue to serve as the Governor,” Justice Mwamuye ruled.
Before judgment day, Mwangaza had exuded confidence that the courts would rule in her favour as she fired a warning shot at her critics. The first-time governor attributed her current woes to leaders in the Meru County government who, she claimed, were afraid of facing her in the political arena.
Furthermore, she stated that she would put her hat in the ring for the upcoming 2027 General Election, but this now appears to be in jeopardy.
In the wake of her impeachment, Meru Deputy Governor Rev. Isaac Mutuma M’Ethingia is expected to take over as Meru Governor for the remainder of Mwangaza’s term.
As per the Constitution of Kenya 2010, this provision is critical in ensuring there is no vacuum in such an important position as governor, thereby maintaining stability in county leadership.
@Simiyu22 I think she would only be trying to negate the part where impeachment blocks her from future political leadership, but that too seems remote.
Impeached Meru County Governor Kawira Mwangaza has announced her plans to ditch the ruling United Democratic Alliance (UDA) party just a few days after the High Court upheld her impeachment, according to her spouse.
Speaking on Sunday, her husband Murega Baichu relayed that Mwangaza, who had won the Meru gubernatorial seat on an independent ticket, had begun the process of becoming a UDA party member but had ultimately decided to quit.
“Kawira Mwangaza had already decided to become a member of the UDA party and I had also registered as a member. I had even paid the membership fee. I had registered as a potential candidate with a UDA ticket here in Meru County,” Baichu revealed.
Baichu added that the decision had been arrived at after the party abandoned Mwangaza during her impeachment, failing to declare a clear stance.
According to Baichu, the last time the party had tried to help Mwangaza was back when Cleophas Malala was the Secretary-General, with him writing to the county government and urging the Members of the County Assembly to cease the process.
However, Malala was reportedly kicked out of his position shortly after and the party stopped the support.
“Cleophas Malala wrote a letter to Meru County Assembly and also to ZK, a nominated MCA from the UDA party and at that time, as the Secretary-General, called for a stop in the impeachment process stating that it was the party’s stance,” Baichu revealed.
“That is the only time we witnessed the UDA Party declaring a stance on the impeachment process calling for a pause until the Party had a chance to speak on the issue.”
Furthermore, the Meru County first gentleman alleged that behind the scenes the UDA party had been pushing for her impeachment despite Mwangaza’s loyalty to the ruling party.
Baichu further announced that she would be vying again, but this time with their own party that had already been registered and had a presence in over 35 counties.
Within the week, Baichu added that Mwangaza would be announcing the new party if she agreed to be the party leader as has reportedly been requested. In the meantime, he clarified that they are still aligned to the government’s side.
On Friday, the High Court upheld the Senate’s decision to impeach the embattled Governor after months of fighting the MCA’s impeachment.
She had been accused of several infractions including gross misconduct, abuse of office, and gross violation of the constitution. Her successor Isaac Mutuma was on Monday morning sworn in, just three days after the ruling.
Former Meru Governor Kiraitu Murungi has confessed to being part of the team that orchestrated the removal of former governor Kawira Mwangaza, revealing that her removal had nothing to do with her gender but rather with her leadership style.
Kawira claimed that a group of male leaders conspired to remove her from office, driven by male chauvinism and opposition to her leadership as a woman.
However, while speaking to NTV, Murungi revealed that Kawira had a leadership issue with all other leaders from the Members of County Assemblies(MCAs), Senators and MPs prompting them to remove her.
“She was always in a brawl with all leaders including MCAs, MPs, and even us, the former leadership. Especially us the former leadership, she used to mishandle and embarrass us,” Murungi told NTV.
Murungi, who had been pursuing a second term, stated that he was willing to allow Kawira to lead. However, he claimed that her arrogance in the role ultimately compelled them to orchestrate her removal.
He further disclosed that, during her two years in leadership, Mwangaza failed to foster development in the county or address the needs of the people of Meru.
“That’s when we realized that even if she were given 10 years to lead, she would still be incapable of steering Meru County forward. The county would remain stagnant and in disarray. As concerned leaders, we came together to support the people of Meru, did everything within our power, and now she is no longer in office,” Murungi revealed.
Addressing Kawira’s claims that her removal was motivated by gender bias, Murungi emphasized that he has always been a strong advocate for women. He expressed joy at Kawira’s appointment as governor, noting her potential, but stated that she ultimately failed to meet expectations.
Justice Bahati Mwamuye dismissed Mwangaza’s petition stating that the impeachment process followed the proper legal procedures.
“The amended petition dated December 23, 2024, has not met the required legal threshold for this court to disturb the decision of the Senate,” the judge ruled while dismissing Mwangaza’s petition.
