Court dismisses Mwangaza appeal seeking to block impeachment

The Court of Appeal has dismissed the application by Meru Governor Kawira Mwangaza’s that sought conservatory orders suspending the debating impeachment motion against her.
A 3 judge bench cited lack of jurisdiction to consider the merits of Mwangaza’s application which sought conservatory Orders before the impeachment process has run its constitutional and legal course.
“As an appellate court, how will we assume jurisdiction when no appealable decision has been made by the High Court, no matter what the Notice of appeal purports to say? The exercise of discretion by the High Court Judge in such circumstances cannot constitute a ground of appeal,” the bench ruled.
Justice Jamila Mohammed, Aggrey Muchelule and Luka Kimaru dispelled the submission by Mwangaza’s counsel that she would be shut from the seat of justice if the conservatory orders were dismissed.
The Court of Appeal argued in the event they thwarted her application her constitutional rights wouldn’t be breached with the applicable avenues for fair hearing and appeal.
“If she is impeached, she will have another opportunity to present her case before the Senate during the hearing of the impeachment motion. Even after the Senate makes its decision, the applicant still has the avenue of petitioning the Court for appropriate relief, if the decisions were to go against her,” the court ruled.
Mwangaza’s survival now lies with the Senate which is expected to uphold or overturn the impeachment.
Mwangaza Impeachment
The Meru Governor was impeached for a second time within ten months dwindling her chances for a comeback.
Mwangaza was impeached on Wednesday after fifty nine MCAs who attended the impeachment sitting voted in favour of the ouster bid. Ten ward representatives skipped the sitting.
“It is my pleasure to announce the ayes have it. The motion has passed and the governor stands impeached by the County Assembly of Meru,” Meru County Assembly Speaker Ayub Bundi declared.
The Governor survived a previous impeachment in December 2022 after the Senate declined to confirm impeachment charges.
Ward representatives cited Mwangaza for seven violations including misuse of public funds, gross misconduct, and contempt of court and the County Assembly.
The Governor is also facing allegations of nepotism for employing her husband’s nephew as the CEO of Meru Youth Service (MYS) and Acting Chief Officer of Finance.
Further, she is accused of misusing county resources including funds and vehicles to run her charity initiative dubbed Okolea, despite promising the Senate during her previous impeachment hearing to refrain from such operations.
Mwangaza is alleged to have taken her relatives on overseas trips using county resources.
AGENCIES