Impeached Meru Governor Kawira Mwangaza got a reprieve Wednesday after the High court suspended the senates decision to remove her from office.
Justice Bahati Mwamuye at the same time restrained Speaker of the Senate Amason Kingi from publishing in the Kenya gazette notice a declaration of a vacancy in the office of the Governor of Meru County.
Pending the inter partes hearing and determination of the Application dated 21/08/2024, a conservatory order be and is hereby issued staying the furtherance or the implementation of the Resolution of the Senate removing the Governor of Meru County, Hon. Kawira Mwangaza, from Office by way of impeachment.
“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 Petitioner/Applicant shall serve the Application and the Petition on the Respondent immediately and file an Affidavit of Service in that regard,” the judge said.
The matter shall be mentioned on September 17 to confirm compliance and to take a priority date for highlighting of written submissions.
This came hours after the Senate impeached her.
In a contentious late-night voting session at the Senate, Senators—primarily from the Kenya Kwanza coalition—voted to confirm all three charges against the embattled Governor.
Despite her hopes of surviving a third impeachment motion at the Senate, this time, Kawira fell short as the government rallied enough support to remove her from office.
The lawmakers, by a majority voted, upheld all the three charges levelled against the county boss.
“The senate has resolved to remove from office by impeachment, the governor of Meru county Kawira Mwangaza and the governor accordingly, ceases to hold the office,” speaker Amason Kingi said.
Some 26 elected senators (delegation) voted to uphold the first charge on gross violation of the constitution and other laws.
Some 14 senators abstained while four voted in her favour.
In charge two, some 26 lawmakers found the governor guilty of abuse of office.
Fourteen senators abstained while two voted against the motion.
This was the third time Mwangaza faced senators following removal by MCAs in under two years.
On the abuse of office charge, 27 senators upheld the charge, one voted against it while 14 abstained.
The Senate session was marked by high tension, with Senators emerging from a closed-door session visibly charged, engaging in heated exchanges and shouting matches over points of order.
Majority Whip Bonnie Khalwale, one of the few who did not vote for the Governor’s removal, challenged the Speaker to address certain procedural issues before proceeding with the vote, evoking historical parliamentary figures like Martin Shikuku, Jean Marie Seroney, Chelagat Mutai, and JM Kariuki to emphasize his point.
“I am reflecting on the history of Parliament. If Martin Shikuku were alive, Jean Marie Seroney, Chelagat Mutai, JM Kariuki—they would have wanted the Speaker to settle the important issue of matters in this case that are actively before the courts because they are sub judice,” Khalwale argued.
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