The ruling of a three judge bench lifting the orders that allowed former Deputy President Rigathi Gachagua to remain in office after he was impeached, have sparked excitement in Meru.
Just like Gachagua, impeached Meru governor Kawira Mwangaza is in office courtesy of a court order obtained on August 21 after she was removed from office by the Senate.
Leaders who have been rallying for the ouster of Mwangaza now hope that the precedent set by the bench in the Gachagua petition will guide Justice Bahati Mwamuye as he delivers a ruling on Senate’s application seeking to vacate Mwangaza’s conservatory order.
The ruling on whether the conservatory order, which Mwangaza is holding onto, will be lifted is slated for November 15, 2024.
The Senate has maintained that Mwangaza duly ceased to hold office on August 20 when the upper House upheld the resolutions of the National Assembly.
Several leaders have lent their voices to the legal implications of the Gachagua petition ruling that saw the swearing in of Prof Kithure Kindiki as Deputy President.
Meru Senator Kathuri Murungi expressed confidence that Mwangaza would vacate office soon.
“The Senate of the Republic of Kenya impeached Kawira Mwangaza. Why did she continue holding office? Mr Kathuri posed.
Nandi Senator Samson Cheragey added, “The lifting of conservatory orders by the high court of Kenya provides a significant shift and growth of legal jurisprudence on the impeachment proceedings against the Presidency and Governor’s by Parliament.”
Meru Assembly minority whip Dennis Kiogora asked Mwangaza to start preparing to leave office.
“It is time for Kawira Mwangaza to engage movers and act early. The governor’s residence will have a new occupant in two weeks. The status quo means she is impeached,” Kiogora said.
Deputy Speaker Mwenda Ali, said Deputy governor Isaac Mutuma was poised to becoming the fourth governor of Meru.
Alex Kiambi, a resident, had earlier opined that the determination of the Gachagua conservatory orders would have a direct bearing on Kawiras case on November.
“If Gachagua loses, Meru shall be swearing in Hon. Mutuma M’Ethingia as Governor on 18th November,” Kiambi said.
But Mwangaza’s ally Mike Makarina hit back at Senator Kathuri dismissing the view that Gachagua’s case would affect the outcome of the governor’s impeachment case.
“The courts are protecting the people of Meru and their dully elected Governor whom you have fought by all means using her deputy governor…” he said.
Makarina added, “Mwangaza will be protected from the greedy cartels who wants to take power through the back door…”
