It's a win for embattled Meru Governor Kawria Mwangaza after the High Court suspended the Senate's decision to impeach her.
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.
"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 issuing ex parte interim orders," said the Judge.
The Judge issued the orders after Kawira through advocate Elias Mutuma argued that the Senate allowed the reintroduction of the same charges as those that the Senate had found to have been unconfirmed in the previous motion of 2023 without interrogating the evidence.
She explained to the court that those issues which the Senate voted on are matters that are still pending determination in court following the first impeachment motion last year.
"There has been an urgency to remove me from the office and install another person, which may be done hurriedly to frustrate me. That's why this application should be heard urgently," she said.
She further told the court that the Senate was denied a chance to debate the motion and several members abstained from the vote in protest.
This, she said, raises a legal question on the validity of such a resolution that has far-reaching consequences for my client.
"The manner of the voting and entire consideration of the impeachment motion by the Senate raises further legal concerns and taints the validity of the resolution, as it records the highest number of abstained votes, having 14 members who protested against the vote for lack of an opportunity to debate the motion," she said through her advocate.
She also took issue with the voting on the motion to remove her by impeachment saying it was done on August 21 at about 12:08 am' on a day which was not gazetted for such a purpose.
The judge after issuing the orders directed the petition be served immediately on the Speaker of the Senate who has been listed as a respondent in the case. He is to file a response by August 28.
The matter will be mentioned on September 17 to confirm compliance and to take a priority date for highlighting written submissions.
