Meru deputy governor Mutuma M’Ethingia is likely to be sworn into office on Monday unless ousted Governor Kawira Mwangaza secures orders staying a judgement of the high court.
While the Assumption of the Office of Governor Act, 2019 provides for 14 days period, there is an argument that the legal timelines elapsed last year when Mwangaza was impeached by Senate.
Justice Bahati Mwamuye sitting in Nairobi upheld the Senate decision to kick her out of office in a judgement that was long waited.
On Friday, Justice Mwamuye ruled that Mwangaza’s petition did not meet the threshold required to quash the impeachment and consequently validated a gazette notice communicating her ouster from office.
“The petition is found to be without merit and is dismissed accordingly. The gazette notice dated 20th August 2024 communicating the decision to remove the petitioner from office is affirmed…Consequently, the subsequentconstitutionaland statutory actions are free to take place as per the applicable timelines,” Justice Mwamuye ruled.
This was Mwangaza’s third impeachment since she was elected into office in August 2022.
The first impeachment hearing was heard and determined by a committee, but the second and third went the plenary way.
On August 21, last year, 26 Senators voted to uphold the first charge of gross violation of the constitution and other laws.
Some 14 senators abstained, while four voted in her favour.
On the second charge of gross misconduct, 26 senators voted in favour of her impeachment, two against, while 14 others abstained.
Twenty seven senators upheld the charge of abuse of office, one voted against, while 14 abstained.
“Pursuant to Article 181 of the Constitution, Section 33 of County Government Act and Standing Order 86 of the Senate Standing Orders, the Senate has resolved to be removed from office by impeachment Hon Kawira Mwangaza, the Governor of Meru County and the governor accordingly ceases to hold office,” Speaker Amason Kingi said.
Forty nine Members of the County Assembly voted in favour of the motion while 17 others voted to have her retained as governor.
The ouster bid was tabled by nominated MCA Zipporah Kinya who cited gross violation of the constitution and misuse of public resources.
Edited by DM
