Senate Challenges Court Ruling in Bid to Reinstate Mwangaza Impeachment

The Kenyan Senate is currently embroiled in a legal battle to overturn a High Court order that has halted the removal of Meru Governor Kawira Mwangaza from office.

This development follows Mwangaza's impeachment by the Meru County Assembly which the Senate argues was conducted in accordance with proper procedures. In their official response to Mwangaza's legal petition, the Senate contends that her case is fundamentally flawed due to its failure to include the Senate and the lawmakers involved in the impeachment process as parties to the suit. The Senate maintains that it is the appropriate body to address the concerns raised regarding the impeachment proceedings, asserting that the High Court's intervention on August 21, 2024, has significant ramifications for their constitutional authority and functions.

The Senate further argues that the issuance of the High Court order without granting them an opportunity to present their case constitutes a violation of natural justice principles. This argument forms a key component of their efforts to have the order lifted and proceed with Mwangaza's removal from office. The impeachment of Governor Mwangaza was initiated when 26 members of the Meru County Assembly voted in favour of charges brought against her. In response, Mwangaza promptly sought relief from the High Court, which subsequently issued a temporary injunction blocking the Senate's decision to remove her from her position.

Mwangaza's legal challenge centres on claims that the impeachment process was conducted during a session that lacked proper gazettement, thus calling into question the legality of both the process itself and the charges that led to her removal. A significant aspect of Mwangaza's petition is her request for a declaration that a specific provision within the County Governments Act be deemed unconstitutional. She argues that this provision, which allows for the reintroduction of charges that were previously unsuccessful, effectively subjects her to double jeopardy - a principle generally prohibited in legal proceedings.

Justice Bahati Mwamuye has scheduled a hearing for September 17, during which both parties will have the opportunity to present their arguments.