Nairobi, Kenya, Nov 30 – The Meru High Court has barred the impeachment motion against Governor Kawira Mwangaza citing a flawed process.
Justice Thripsisa Cherere said in a ruling delivered Wednesday that the Meru ward representatives failed to follow proper procedure in initiating the motion against the first-term governor.
Cherere stated that the court is mandated to deal with threatened violations of any person before they happen and to give appropriate relief including conservatory orders in terms of Article 23(3) of the constitution.
“Upon considering the application and the preliminary objection and after hearing the presentations of counsel, this court finds that the procedure adopted by the respondents to process the proposed motion of the impeachment of the petitioner is flawed and has the effect of violating her constitutional rights,” she said.
The impeachment motion against Mwangaza who has had a strained relationship with the MCAs since taking office was scheduled for debate beginning Wednesday(today) at 10 am.
“Under the powers donated to this court by Article 23(3) of the Constitution, it is therefore hereby ordered that the impeachment motion dated Nov 21, 2022, by members of the first respondent scheduled for debate on November 30, 2022, at 10 am is flawed and is quashed,” Justice Cherere ruled.
The court issued a conservatory order prohibiting the Meru MCAs from discussing and debating the impeachment motion against Mwangaza.
The motion seeking to impeach Governor Mwangaza was tabled in the Meru County Assembly on November 22.
The motion which was tabled by Abogeta West MCA Denis Kiogora who is also the minority whip in the house was supported by 68 out of the total 69 MCAs in the assembly by appending their signatures.
Grounds that the motion sought to impeach Governor Mwangaza include nepotism, illegal appointments, unlawful dismissals and usurpation of the constitutional and statutory functions of county organ, Contempt of Court, incitement, bullying, vilification, and misleading campaigns against other leaders.
Other grounds include forceful entry into the assembly precincts and mobilization of unlawful riots against members of the assembly, violation of public finance management law, and misconduct relating to the nomination of County Executive Committee Members.
Some of the allegations against the Governor on nepotism and illegal appointments include appointing her husband to the non-existent offices of the Patron of the Meru Youth Service and the hustler’s ambassador before conducting a transparent and competitive recruitment process.
She is also accused of disregarding the criteria for the establishment of offices within the county public service including failing to submit her husband’s name for approval by the assembly before making the impugned appointments.
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