Meru Governor Kawira Mwangaza has suffered a setback as the Court of Appeal in Nyeri denied her bid to prevent her impeachment.
Justices Jamila Mohamed, Luka Kimaru, and Aggrey Muchelule found in the finding that the court lacked jurisdiction to hear Kawira’s case.
Due to the severe timelines imposed by the legislation on the impeachment procedure, the three-judge bench stated that it cannot interfere in the applicant’s impeachment in the first instance.
The learned Judges said the Court lacks jurisdiction in the first instance to consider the merits of Kawira’s application which sought Conservatory Orders before the impeachment process has run its constitutional and legal course.
The judges further highlighted that if Kawira 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. We are, therefore, of the considered view that the applicant’s right to be heard will not be circumscribed,” added the judges.
Kawira had argued in her petition that some of the issues that she sought to be impeached for were sub-judice and were pending determination before the Court.
She also faulted the entire impeachment process and the grounds in support thereof claiming that they had not met the constitutional threshold upon which a popularly elected Governor can be removed from office on impeachment.
Kawira further submitted that the County Assembly had from the word go been biased against her and has used its powers to frustrate her administration, thus arguing that impeachment proceedings before the County Assembly would not be fair.
