In courts: What to expect in Kawira Mwangaza case

A Nairobi court will today rule on whether it will set aside orders blocking the ouster of Embattled Meru Governor Kawria Mwangaza.

The ruling is to be delivered by Justice Bahati Mwamuye.

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

She appeared in court the last time the matter was being heard 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 advocate Elias Mutuma and Elisha Ongoya, Kawira urged Justice Bahati 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 fails to intervene and confirm the orders, she will be hounded out of office and her deputy sworn in as soon as possible.

"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," she said.

She maintained that the proceedings at the senate violated her right to a fair hearing as the environment was not conducive for fair hearing 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," she said.

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 under prejudice,"  CoG said.