The High Court has upheld the Senate’s decision to impeach Meru County Governor, Kawira Mwangaza. In his ruling, Justice Bahati Mwamuye pointed out that Mwangaza’s petition challenging the ouster did not meet the required threshold.

The court noted that the Senate had acted within the Constitution during Mwangaza’s removal and dismissed her claims that the impeachment had irregularities. She had failed to provide sufficient evidence to support her accusations, the judge said.

The court further directed that all constitutional requirements regarding the vacancy be adhered to within the stipulated timelines. “This court finds that the amended petition is without merit and is dismissed. The gazette notice published on August 21, 2024, to remove her from office is affirmed. Constitutional requirements shall take place,” ruled Justice Bahati Mwamuye.

The court also established that the Senate did not defy any court orders during her impeachment. Mwangaza had argued that the Senate proceeded with her removal proceedings despite pending court case aimed at blocking the process. However, the court found no substantial proof that the Senate had ignored any bona fide court directive.

"The Senate could not have disobeyed orders that were never properly brought before it," the ruling stated. The court added that if Mwangaza wanted to halt the process, she should have taken the necessary steps to extract and present the relevant court orders. Since no conclusive evidence of contempt was provided, the impeachment was allowed to stand.

The High Court also examined whether due process had been followed in accordance with the Constitution with Mwangaza contending that she was only given two minutes to defend herself, effectively denying her a fair hearing. However, the court ruled that official records indicated she had been granted the opportunity to speak.

"The court has assessed the totality of the impeachment process and found that she was given ample opportunity to present her case and respond to allegations leveled against her," said the Judge.

The court found no evidence that she was denied time to speak and noted that her legal team had not raised any objections regarding the time allocated for her defense. Therefore, it concluded that the procedural requirements for impeachment had been met.

"Whether she chose to remain silent or not did not change the fact that she was given a chance to present her defense," the judge added.

mjosphine@maudhui.co.ke