Date set for ruling on Kawira’s ouster case

A ruling on whether the High Court should set aside orders blocking the impeachment of embattled Meru Governor Kawria Mwangaza has been pushed to December 18.

Justice Bahati Mwamuye was to deliver the decision on Friday but the matter was called out and a new date issued.

Kawira has since opposed the application, telling the court that she is the choice of the people and should be allowed to serve her full term.

The last time the matter was being heard she appeared in court with her spouse Murega Baichu and strongly opposed an application by the Senate to set aside orders blocking her impeachment saying the Senate has no mandate to change the will of the people.

Through advocates Elias Mutuma and Elisha Ongoya, Kawira urged Justice Mwamuye to uphold the decision of Meru voters who chose her against her opponents.

The court heard that the impeachment motion against her was never about substance but a determination to remove her from office by all means.

She said if the court failed to intervene and confirmed the orders, she would be hounded out of office and her deputy sworn in.

“This would put the governor in a harming position and would present an impression of guilty finding even before the court had determined the weighty issues raised in the petition,” lawyers said. 

She maintained that the proceedings at the Senate violated her right to a fair hearing as the environment was not conducive and the decision was pre-determined.

“The motion was approved amidst uncommon chaos and disruption. The resolution was also a pre-determined outcome, with a gazette notice predating the resolution.”

In a rejoinder, the Senate asked the court to set aside the orders, saying the speaker has no vote in matters of the house.

They faulted Kawira for suing the wrong party, saying she ought to have sued the Senate and not the speaker while the order was addressed.

The Council of Governors on the other hand supported Kawira’s application, saying the impeachment process was in bad faith.

“If the orders are not confirmed, then the governor will suffer undue prejudice,” CoG said.