The High Court has granted impeached Meru governor Virginia Kawira Mwangaza temporary reprieve after it annulled her ouster and barred Senate Speaker Amason Kingi from declaring a vacancy in the position of Meru County governor until an urgent petition is determined.
Justice Bahati Mwamuye directed that the matter shall come up for mention on September 17 to confirm compliance and to take a priority date for highlighting of written submissions which both parties must have submitted by September 13, 2024.
“Pending the inter-partes hearing and determination of the Application dated 21/08/2024, a conservatory order be and is hereby issued staying the furtherance or the implementation of the resolution of the Senate removing the Governor of Meru County, Kawira Mwangaza, from Office by way of impeachment.” The judge ordered.
He directed Kingi, listed as a Respondent, to file and serve a response by August 28, 2024.
The conservatory order effectively stops Meru Deputy Governor Mutuma M’Ethingia from assuming the position of County Governor after the Senate upheld impeachment of Mwangaza Tuesday night.
Justice Mwamuye said the petition filled on Wednesday, August 21, raised constitutional, legal, and factual issues that meet the threshold that warranted immediate intervention by the Court by way of the issuance of ex-parte interim conservatory orders.
The urgent suit marks a spirited effort by governor Mwangaza to preserve the governorship after the Senate voted to approve her impeachment having rejected two previous attempts by the County Assembly.
Mwangaza became the third Governor the Senate has impeached since the onset of devolution after Kiambu’s Ferdinand Waititu and Nairobi’s Mike Sonko in 2020.
Tuesday’s vote however recorded a record abstention with fourteen Senators refraining.
The Senate considered three charges presented by the Meru County Assembly, approving all of them.
On the first charge — gross violation of the Constitution and other laws — the Senate found Mwangaza guilty, with 26 senators voting in support, 4 against, and 14 abstaining.
Among the accusations was her illegal revocation of Virginia Kawira Miriti’s appointment as Secretary/CEO of the Meru County Public Service Board without County Assembly clearance.
On the second charge of gross misconduct, 26 senators found her guilty, while 4 voted against the charge. Fourteen senators abstained from voting.
Meru County Assembly accused governor Mwangaza of deliberately misleading the public by falsely claiming the mobilisation of Sh86million through a public fundraiser for murdered blogger Daniel Muthiani alias Sniper. The County Assembly put the actual amount raised at Sh286,516.
On the third charge of abuse of office, 27 senators voted in support of the impeachment, one senator opposed, and 14 abstained.
Following a two-day hearing 47 senators took a crucial vote around midnight on Tuesday, deciding on each of the three charges against governor Mwangaza.
