- Mwangaza’s defence council will on Tuesday take to the stand.
- The Senate twice, in 2022 and 2023 through an 11-member select committee and by plenary respectively, saved Mwangaza.
Image: Handout
Embattled Meru Governor Kawira Mwangaza, who on Monday pleaded not guilty to impeachment charges, will on Tuesday know her fate when Senators vote.
Speaking after the accusations were read to her as the Senate started its impeachment hearings, Mwangaza insisted she is not guilty to charges.
"Not guilty," she told a committee of the whole house which is hearing the case against her after the Meru County Assembly passed a motion to remove her from office.
Mwangaza’s defence council will on Tuesday take to the stand after the Meru County Assembly Monday laid bare its case against the besieged governor.
The defence is expected to mount an aggressive fight back to try to denounce the charges levelled against the governor who is before the Senate for the third time.
She has been saved by the Senate twice, in 2022 and 2023 through an 11-member select committee and by plenary respectively.
Mwangaza faces three broad charges; gross violation of the constitution, gross misconduct and abuse of office but with seven specific accusations.
Last week, senators resolved that Mwangaza would face the whole 67 senators to fight for her survival.
They rejected a motion by the House Business Committee that proposed the impeachment motion against Mwangaza be probed by a team of 11 senators.
How the impeachment motion will be determined
The governor is being tried by a sitting of all senators otherwise known as the plenary or the committee of the whole House.
While all 67 senators would have participated in the governor's trial in the plenary, only 47 elected ones will vote to seal Mwangaza's fate when they retreat for a secret vote.
They are considered leaders of delegations but may consult their nominated counterparts or delegate by writing to the speaker.
However, with such consultation not binding, the 47 senators make the final decision.
Mwangaza needs the support of 24 senators, half of the number, to foil the impeachment.
The Senate has in the past settled on a House plenary to handle two impeachment motions.
The house, in the two instances, validated the impeachment of the respective governors.
In the last two impeachment motions against Mwangaza, senators have saved her by either plenary or committee.
First impeachment motion
In December 2022, she was acquitted by senators after the 11-member committee appointed to probe the grounds for her impeachment returned a not-guilty verdict.
The panel, which was chaired by Kakamega Senator Boni Khalwale, submitted before the Senate that the committee had voted unanimously in its decision to overturn Kawira's impeachment.
The panel had said the MCAs did not prove any of the allegations they levelled against the governor.
The motion did not proceed to the Plenary since the law requires that if the committee rejects it, then the governor survives.
If the special committee had upheld Kawira's impeachment the report would have been debated in the House for members to vote and determine her fate.
The governor went back to her job after the Senate rejected the impeachment motion against her.
What next for Mwangaza after the Senate votes?
Mwangaza will cease to hold office if the majority of the senators vote in favour of the impeachment motion.
She can, however, move to the High Court to fight for her survival and obtain stay orders to remain in office while pursuing justice.
Should the court decline to grant her an injunction, the governor will lose the plum position.
In this case, Meru Deputy Governor Isaac Mutuma will be sworn in to serve the remainder of the term.
But if she succeeds in the case later even after the deputy is sworn in, the court can order that she return to office.
If senators vote against the motion, the Senate Speaker Amason Kingi will notify the Meru County Assembly speaker and the governor will continue to hold office.
Any Member of the County Assembly can only introduce the same charges before the Assembly after three months from the day the Senate votes against the impeachment charges.
Second impeachment motion
In November 2023, Mwangaza survived a second impeachment motion after senators absolved her of all the charges. She was tried by a committee of the whole also known as the Plenary.
She faced charges of Misappropriation and Misuse of Resources, Nepotism, Bullying, Illegal appointments, contempt of court, and naming a road after her husband illegally.
Kawira denied all the charges and put up a spirited defense saying she was being victimised as a woman leader by the male-dominated county assembly.
In the first charge, which pertained to misappropriation and misuse of public resources, 28 senators voted to declare the governor innocent, while 19 senators voted to find her guilty.
Regarding the second charge of nepotism and unethical practices, 42 senators deemed it unsubstantiated, while five senators found her guilty.
On the third charge, which accused the governor of bullying, vilification, and demeaning other leaders, 44 senators cleared her of the charge, with only three senators stating she was guilty.
In the fourth charge, which involved illegal appointment and usurpation of statutory powers, 26 senators voted against it, while 20 voted in support. One senator abstained from voting.
Charge five, which alleged contempt of court, was dismissed by 44 senators, with three senators supporting the accusation.
For the sixth charge, where the governor was accused of naming a road after her husband, 43 senators rejected the charges, while four senators supported the accusations.
In the final charge, which alleged contempt of the assembly, 36 senators found the offence unsubstantiated, while 10 senators declared the governor guilty.
In her closing submission, Governor Mwangaza appealed to the senators to spare her from impeachment, characterizing her troubles as vilification. She expressed her hope to unite all Meru leaders.
Vacancy in the office of the county governor
Article 182 of the constitution provides for the procedure to fill a vacancy in the office of the county governor.
When the Senate impeaches the governor, the deputy governor shall assume office as county governor.
The deputy governor shall serve for the remainder of the term of the county governor.
However, if the deputy governor cannot assume the office of the governor, the assembly speaker shall act as the county governor.
The elections for the office of the County Governor shall occur within sixty days after the speaker assumes the office of the County Governor.
The vacancy does not occur if the Senate rejects the impeachment charges facing the governor.