Kingi Officially Gazettes Mwangaza’s Impeachment Despite Court Suspension

Senate Speaker Amason Kingi has formally ratified the impeachment of Governor Kawira Mwangaza, confirming her removal from office in an official Gazette Notice.

This decision follows the Senate’s majority vote to uphold the Meru County Assembly’s decision to impeach her.

The notice, dated August 20, was issued despite a High Court reprieve temporarily suspending her removal until the case is fully heard and determined.

Speaker Kingi cited three grounds for Mwangaza’s impeachment: gross violation of the Constitution and other laws, gross misconduct, and abuse of office.

In the Gazette Notice, Kingi stated, “It is notified for the information of the general public that pursuant to Article 181 of the Constitution, section 33 of the County Governments Act (Cap. 265), and Standing Order 80 of the Senate Standing Orders, on Tuesday, August 20, 2024, the Senate resolved to remove from office, by impeachment, Hon. Kawira Mwangaza.”

However, Justice Bahati Mwamuye issued an order restraining the Senate Speaker from publishing any notice declaring a vacancy in the office of the Meru Governor.

The judge explained, “I am satisfied that the application raises constitutional, legal, and factual issues that meet the threshold that warrants immediate intervention by this court by way of issuing ex parte interim orders.”

The High Court’s intervention came after Mwangaza’s advocate, Elias Mutuma, argued that the Senate had allowed the reintroduction of charges similar to those that were previously unconfirmed in a 2023 motion without proper examination of the evidence.

Mwangaza also argued that the issues on which the Senate voted are still pending court determination following her first impeachment motion last year.

“There has been an urgency to remove me from office and install another person, which may be done hurriedly to frustrate me. That’s why this application should be heard urgently,” Mwangaza told the court.

During the impeachment hearing, 26 senators voted in favor of the first charge of gross violation of the Constitution and other laws, while 14 senators abstained, and four voted in her favor. On the second charge of gross misconduct, 26 senators supported the impeachment, two opposed, and 14 abstained.

For the third charge of abuse of office, 27 senators upheld the charge, one voted against it, and 14 abstained. Most of the abstentions came from senators allied with opposition parties.

This marks Mwangaza’s third impeachment to reach the Senate since her election in August 2022. While the first impeachment was determined by a Senate committee, the second and third were addressed by the Senate plenary.

The trial commenced on Monday, with Mwangaza and the Meru County Assembly’s legal teams presenting their cases before the Senate.