Senate Speaker Amason Kingi has officially gazetted Senate’s resolution to impeach Meru governor Kawira Mwangaza defying High Court order that annulled Mwangaza’s ouster and directe Kingi against decalaring a vacancy until the matter filed in court is heard and determined.
Earlier today, the High Court had barred Senate Speaker 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.
However, in a gazette notice, Kingi cited gross misconduct, abuse of office, and gross violation of the Constitution.
“It is notified for the information of the general public: THAT pursuant to Article 181 of the Constitution and section 33 of the County Governments Act (Cap. 265) on Thursday, 8th August 2024, the County Assembly of Meru approved a Motion to remove from office, by impeachment. Hon. Kawira Mwangaza, the governor of Meru County.” The gazette notice read in part.
Yesterday, the Senate upheld Mwangaza’s impeachment by the Meru County Assembly after two unsuccessful bids by the County Assembly.
Senators voted to send her home based on three charges in which she was found guilty, becoming the third Governor to be removed from office by impeachment after Kiambu’s Ferdinand Waititu and Nairobi’s Mike Sonko in 2020.
“The senators, having voted to uphold the charges against the Meru governor, Governor Kawira Mwangaza ceases to hold office.” Speaker Amason Kingi ruled in a vote that went past midnight.
According to Section 33(7) of the County Government Act, a governor ceases to hold office if a majority of the Senate members uphold any of the impeachment charges.
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, which lacked the required 75 per cent majority vote from the County Assembly.
On the second charge of gross misconduct, 26 senators found her guilty, while 4 voted against the charge. Fourteen senators abstained from voting.
Governor Mwangaza was accused of deliberately misleading the public by falsely claiming that Sh86 million had been raised through a Paybill number established after the murder of Daniel Muthiani alias Sniper. The actual amount raised was Sh286,516.
On the third charge of abuse of office, 27 senators voted in support of the impeachment, one senator opposed, and 14 abstained.