The High Court Wednesday confirmed orders blocking her ouster.
Justice Bahati Mwamuye sitting at the Milimani law Courts said Kawira has satisfied the court that the case will be rendered useless if the interim orders are not confirmed.
Mwamuye in confirming and extending the ex parte orders he had issued on 21 August this year said the orders will be in place for a period of 120 days.
“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.”
“…in that time, the petitioner will continue to serve as governor with a provision that the judgment in this case may be rendered before lapse of the 120 days,” he said.
The court further noted that public interest warrants the extension of the orders, adding that there’s if the orders are not extended then the petition will be rendered nugatory if Mwangaza wins the case.
The court was told that Mwangaza would suffer prejudice and that the petition would be an academic exercise.
This means that the case will be heard fully. The matter will be mentioned on December 20.
Mwangaza unsuccessfully faced her third impeachment on August 21 after a contentious late-night voting session at the Senate confirmed all three charges against the embattled Governor.
On the first charge of gross violation of the Constitution and other laws, the Senate found Kawira guilty, with 26 Senators voting to confirm the charge, 4 voting against it, and 14 abstaining.
The Senate had asked the court to set aside the orders saying it has far-reaching implications that encroach on their mandate.
They also faulted Kawira for suing the wrong party saying she ought to have sued the Senate and not the speaker.
The speaker they said has no vote in matter of the house.
But the Judge in confirming the orders said some of the issues raised will be dealt with during the main hearing of the matter.
“Not confirming the orders would mean there will be a succession in the officer of Meru Governor. Those changes will not be easy to undo if Kawira’s petition succeeds,” the Judge said.
The judge said that prudent use of scarce resources is more relevant in such a case as gubernatorial succession in the county would trigger events and changes that would be funded from the public coffers.
“Public interest in this case favors the continuation and subsistence of the orders issued in August pending determination of the case,” said the Judge.
Email your news TIPS to Editor@Kahawatungu.com — this is our only official communication channel
