Meru Governor Kawira Mwangaza is now battling a new impeachment ghost after a petitioner moved to court to challenge the senate decision.
The petitioner called out the senate arguing that it acted unconstitutionally in saving Mwangaza in the second impeachment motion.
In the petition, Michael Kibutha, a resident of Meru County, wants the court to set aside the Senate decision and find that Governor Mwangaza was procedurally impeached for gross violation of the Constitution.
Kibutha argues that the Senate, in its evaluation of the impeachment proceedings, failed to properly assess each of the specified grounds for impeachment and determine that they constituted a gross violation of the Constitution.
“…the 5th Respondent’s (Senate) failure to uphold the decision of the 1st Respondent (county assembly) and to remove the 7th Respondent (Governor Mwangaza) from office by way of impeachment, despite the allegations of gross constitutional violations, was not in accordance with the legal and constitutional obligations vested in the 5th Respondent and was inconsistent with principles of constitutional governance and the rule of law,” reads the court documents in part.
The petitioner further claims that the Senate contravened the law for proceeding with the deliberations of Governor Kawira’s impeachment past midnight, which was beyond the timeline set aside in line with the Standing Orders for hearing of the charges.
“…the failure to conclude the debate and division on the motion for the removal by way of impeachment of the 7th Respondent within the stipulated time on the 8th November 2023, as indicated in the order paper, renders the subsequent proceedings constitutionally invalid,” argues the petitioner.
Kibutha submits that the Senate’s decision not to uphold Mwangaza’s impeachment “was not justifiable” in light of the grounds outlined in the notice of motion dated 16th October 2023 and passed by the County Assembly of Meru on 25th October 2023.
Now, Mwangaza’s fate lies in the court.
