Meru Governor Kawaira Mwangaza has suffered a blow after the High Court upheld her impeachment at the Senate Assembly.
Justice Bahati Mwamuye upheld the Senate decision to kick her out office in a judgement delivered on Friday.
Justice Mwamuye ruled that the petition did not meet the threshold required to quash the impeachment and consequently validated a gazette notice communicating her ouster from office.
"The court has assessed the totality of the impeachment process and found that she was given ample opportunity to present her case and respond to allegations leveled against her," said the Judge.
Some of the issues Kawaira considered to be unfair during the impeachment process were the insufficient time given to senators to debate the motion and the alleged chaotic nature of how the process was handled.
She believed this negatively impacted the aspect of fairness.
But the Judge said none of these claims have been sufficiently proven to warrant a finding in her favor.
He remarked that not even the Hansard supported these claims and that there were no affidavits sworn by the senators in support of the claims that they didn't have sufficient time to argue or handle the debate.
Based on this, the judge said the Senate's process was procedural, and the allegation of procedural unfairness could not stand.
On the issue of gender bias, the judge said Kawira and FIDA an interested party in the case) did not particularize the complaint that showed gender bias against her during the proceedings at the Senate.
"Had the contrary been demonstrated to the required standard, this court would have no hesitation to quash the resolution," said the Judge.
Unless Mwangaza secures an order staying the High Court decision at the court of Appeal, Meru Deputy Governor Isaac Mutuma M'Ethingia will take office as Governor.
Some 26 senators, on August 21, 2024, 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.
On the second charge of gross misconduct, 26 senators voted in favour of her impeachment, two against, while 14 others abstained.
27 senators upheld the charge of abuse of office, one voted against, and 14 abstained.
Most of those who abstained are allied to the Opposition parties.
"Pursuant to Article 181 of the Constitution, Section 33 of County Government Act and Standing Order 86 of the Senate Standing Orders, the Senate has resolved to remove from office by impeachment Hon. Kawira Mwangaza, the Governor of Meru County and the governor accordingly ceases to hold office," Speaker Amason Kingi said.
This was Mwangaza's third impeachment to reach the Senate since she was elected into office in August 2022.
The first impeachment hearing was heard and determined by a committee, but the second and third went the plenary way.
