Kawira Mwangaza has lost her bid to remain in office as Meru Governor after the High Court dismissed a legal challenge against her impeachment by the Senate.
She argued that the impeachment process violated several constitutional rights, including her right to a fair hearing and public participation, and was carried out in violation of a court order and ongoing court cases.
However, the court ruled in favor of the Senate.
In his judgement, Justice Mwamuye agreed with Ms Mwangaza that the Speaker of the Senate could be sued without including the Senate.
He further found that the Senate did not defy any court order as it was not party of the case challenging a previous impeachment in Meru.
Justice Mwamuye also observed that due process was followed in the ouster of Mwangaza.
He said the court could not delve into the merits of the Senate decision and could only check the process used by Senate.
The court steered clear from the issues of public participation and the constitutionality of certain laws as they were before another court.
As a result, the court upheld the Senate’s decision to remove Mwangaza from office and dismissed her petition.
Deputy governor Isaac Mutuma is now poised to take office if the Court of Appeal does not stay the judgement.
