Governor Mwangaza's impeachment illegal, court rules

She is the proverbial cat with nine lives as she successfully battles political flames threatening to dispatch her from the top of her political career.

For two years, Meru Governor Kawira Mwangaza has been struggling to breathe politically as MCAs made spirited efforts to impeach her.

On Thursday, Mwangaza got a reprieve in her long-running impeachment saga after the Meru High Court found the Meru Assembly in contempt of a court order following her impeachment last year.

Nominated UDA MCA Zipporah Kinya's Impeachment motion against Governor Mwangaza was unanimously supported by her colleagues, despite a court order barring the Assembly from impeaching her.

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Mwangaza was a relieved person after the High Court's Justice Edward Murithi found speaker Ayub Bundi, Assembly Clerk Jacob Kirari, and Ms Kinya in contempt, and fined them Sh100,000 each or serve a six-month jail term.

Mwangaza had instituted the petition against the assembly on July 18 last year.

Justice Linus Kassan issued orders on July 24 halting the Impeachment process, pending the Court's ruling that was scheduled for July 29.

But soon afterwards Ms Kinya withdrew her impeachment notice against Mwangaza and introduced another one, the fifth impeachment motion against her.

In Justice Murthi's ruling that Mwangaza welcomed, the Judge said; "The Court's orders, as issued on July 24, 2024 were very clear, unambiguous and straightforward halting in any way the impeachment process against the petitioner pending the court's delivery of its substantive ruling."

Further, Justice Kassan had directed Governor Mwangaza and Meru MCAs to appear before the Njuri Ncheke Supreme Council of Ameru elders for alternative dispute resolution.

"On July 29, 2024, the court deferred its main ruling to 20th August 2024 directing that status quo maintained by all parties pending the submissions of a progress report from the supreme council of Njuri Ncheke elders who had joined as Amicus curiae or the delivery of the court's ruling whichever came first," said the Judge.

"The status quo prevailing as of 29th July 2024 was that the impeachment process had been halted. This is the position that all parties in this suit were required to maintain."

The Judge agreed with Mwangaza that despite the court order the respondents contemptuously held debate touching the Impeachment motion "seeking to mischievously withdraw the previous motion of impeachment in a session presided by the speaker of the county assembly."

"The Respondents were guilty of contempt of court and the appropriate relief within the meaning of Article 23(3) of the constitution in this case against the named members of the county assembly of Meru is a declaration that the Respondent is in contempt of court, which this court hereby grants."

Justice Murithi said; "In addition, the court makes an order for the payment of Sh100,000 against the speaker of the county assembly of Meru, Ayub Bundi Solomon, the clerk of the Meru county assembly Jacob Kirari and Zipporah Kinya, a nominated MCA and the deputy leader of majority for contempt of court in disobeying the order of the court made on 24th July by Justice P Kassan."

The respondents shall pay the costs of application to Mwangaza, the court ruled.

The Njuri Ncheke elders had in the past met President William Ruto who directed they participate in mediating peace between Mwangaza and area leaders, and the Justice Kassan had asked her and leaders to appear before Njuri elders.

"That Njuri Ncheke Supreme Council of Ameru elders are hereby ordered to submit their resolution or lack of it on the dispute between the parties herein as directed by the President of the Republic of Kenya not later than three weeks from today," Justice Kassan had said.

He said; "That parties herein are directed to appear before Njuri Ncheke with their advocates before Wednesday the 31st of July 2024."

Though Governor Mwangaza had expressed her willingness to appear before the council, the MCAs opposed it.

Kinya introduced another notice of impeachment motion, barely a day after withdrawing the one the judge injuncted.

It is this act that the court interpreted as an attempt to subvert justice.