Kawira Mwangaza's impeachment was travesty of justice, time ripe to dissolve county

On Tuesday, after a long impeachment session, I found myself returning home from the Senate at an uncommon hour and with a heavy heart. What should have been a proud moment of upholding justice in one of Kenya’s most revered institutions turned out to be the complete opposite.

The impeachment of Meru Governor Kawira Mwangaza has left me deeply troubled. It was without doubt, the most unjust impeachment process in the history of Kenya’s Senate. It was a process that has not only lowered the threshold for impeachment but also tarnished the integrity of the Senate.

The Senate, an institution I am proud to serve in, is clothed with immense power by the Constitution to preside over such matters with fairness and impartiality. It is a body meant to reflect the will of the people in each of Kenya’s 47 counties while safeguarding the health of our devolution through the judicious exercise of its powers. However, in this instance, I have to submit that we failed to uphold these principles. The Senate proceedings were marred by irregularities and were conducted in a manner that raises questions about our commitment to justice.

One of the cornerstones of any democratic process is the right to a fair hearing. This right was blatantly violated during Governor Mwangaza’s impeachment. Defense counsel Elisha Ongoya urged us to apply the four principles of a good judge, as articulated by Socrates; to listen courteously, to answer wisely, to consider soberly, and to decide impartially. The Senate chose to ignore these noble reminders.

Another egregious aspect of this impeachment, the third inglorious attempt in a row, was the disregard for due process. The Auditor General’s report, which had not been considered as required by Article 229(8) of the Constitution and Sections 53 and 54 of the Public Audit Act, was suddenly deemed sufficient grounds for impeachment. This sets a dangerous precedent, one that could undermine the very fabric of our democratic institutions. If we allow reports that have not undergone the necessary scrutiny to be used as the basis for such a serious action, we open the door to potential abuses of power.

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Legal obstacles

Furthermore, the defense counsel raised several critical preliminary objections during the proceedings, all of which were ignored. They highlighted the existence of a court order barring the impeachment. This was a clear legal obstacle that the Senate chose to overlook. They also raised concerns about issues of sub judice, given that there were active court cases related to the matter, and questioned the inclusion of issues that had already been heard and determined by the Senate in a previous impeachment hearing. These legitimate legal concerns were dismissed without proper consideration. This is no way for an August institution to operate in a state governed by rule of law.

At the heart of this unjust impeachment lies an insidious cultural culprit that leaves no fingerprints; male chauvinism. As most Kenyans know, I take immense pride in my Maasai heritage. I believe we should all reflect on and learn from the traditional practices of our diverse ethnic groups. There is profound cultural beauty and enduring wisdom in this heritage, and Meru culture is no exception. Mugwe, the divine leader of the Meru people, was celebrated for his foresight, while the Njuri Ncheke—the supreme governing council of Meru elders—is a remarkable example of how to preserve important institutions in a rapidly changing world.

However, the treatment of Governor Mwangaza by some Meru leaders, whose authority partly or entirely derives from the rich traditions of the Meru people, should give us pause. We must reconsider how much weight we place on traditional practices in modern life and politics. The recent youth-led protests have reminded us of the importance of intergenerational fairness. As leaders, we must continually scan the horizon to attune ourselves to the evolving needs of the people. There is no substitute for this. They are the ones who best understand their deepest desires and aspirations. Consequently, we must honor the will of the people in Meru County, who have chosen to be led by a woman, even if some leaders struggle to accept this due to cultural reservations.

It is troubling when leaders exploit cultural norms to skew debates and win political battles. Any Kenyan who respects our distinct traditions understands that they must be tempered by reason and fairness. In this regard, Governor Mwangaza is a victim of a cruel conspiracy, masked by leaders with ill intentions.

The Governor’s political career has been marred by opposition from certain quarters within the Assembly and among some of its elected leaders. Their animosity towards her stems not from her performance as governor, but from the fact that she, a woman, had the audacity to defeat them at the ballot box. These leaders have not forgiven the Governor for blocking their access to contracts and have lustily seized upon the impeachment process as a means of exacting revenge.

The plotters of Governor Mwangaza’s downfall took no prisoners. They dressed up their case against her as revolving around gross violation of the Constitution, gross misconduct, and abuse of office, but in truth, it was a naked power grab steeped in male ego carried out with the blessings of the house on the hill.

In fact, President William Ruto’s influence was unmistakable. The threat from the Meru politicians to back Deputy President Rigathi Gachagua in his on-again, off-again tug of war with his boss if Kenya Kwanza senators voted independently underscored the political gamesmanship at play.

The choice was stark: support Governor Mwangaza’s impeachment for political advantage or stand by a tenacious independent woman who had bested her male counterparts. The weaselly decision made by the Senators from the ruling party shows their lack of political courage. They amputated their conscience and aligned themselves fully with Ruto’s interests.

Why, I hear you ask, did the Azimio Senators then abstain from the vote? As Minority Whip, I am uniquely positioned to answer this question. We abstained because the process was fundamentally flawed. Governor Mwangaza was denied the opportunity to mitigate or make a final plea before the vote, and the motion itself was rushed. 

The actions of the Senate were not just a travesty of justice but a betrayal of the sacred principles upon which our democracy is built. By allowing selfish political interests and deeply ingrained biases to guide decisions, we have failed the people of Meru County and the nation as a whole.

 It is important that we reflect on the consequences of this impeachment and the dangerous precedent it sets. I fear that if the lesson taken from this is that all it takes to impeach a governor is for 26 Senators to fall in line with their party leader, then we may be in for even worse consequences ahead.

In the meantime, in an expected development, the High Court in Nairobi issued an interim order temporarily halting the impeachment process. Judge Bahati Mwamuye certified the case as urgent and granted conservatory orders preventing the Senate from finalising her removal or declaring her office vacant.

The court will hear arguments from both parties in September, with the matter set for further mention on September 17, 2024. In their filings, Mwangaza’s legal team had argued that her removal from office raises significant constitutional and legal issues, necessitating immediate judicial intervention.

Predetermined

Despite the court order, Speaker Amason Kingi proceeded to gazette the impeachment in a notice dated August 21, yet inexplicably signed a day earlier. This unusual timing lends weight to the suspicion that the impeachment was predetermined and that the Senate’s proceedings were nothing more than a carefully orchestrated charade.

The Senate risks losing credibility if it continues on its current path. We cannot allow ourselves to be remote-controlled from State House or become a tool for settling political vendettas. The “Big Boys” of Meru County should face Governor Mwangaza at the ballot in 2027, rather than resorting to accusations to oust her from an office she won through the democratic will of the people.

Going forward, the Senate must take pains to reaffirm its commitment to upholding the rule of law and ensuring that justice is administered fairly and without regard for political machinations and cultural biases. Impeachment should not be wielded lightly. It is a grave instrument that must be reserved for exceptional circumstances.

Unless we reform the impeachment process, elections will lose their purpose, becoming mere formalities in a system that favours political convenience over genuine accountability.

As I have reflected on the travesty of justice in the Senate, my thoughts have been drawn to the immortal words of Jean-Jacques Rousseau. As an admirer of the celebrated French iconoclast, I am inspired by his seminal work, The Social Contract, which enshrined the concept of “the will of the people” as the cornerstone of a just society.

I would like to propose a solution that I believe charts the best path forward for Meru County. I think Governor Mwangaza’s fate should be decided by the voters and not a handful of self-serving politicians. Those who see themselves as the only rightful leaders of Meru County should meet her at the ballot box.

The President must now proactively initiate the dissolution process as outlined in Article 192 of the Constitution, which details the steps for suspending a county government and establishing an independent commission to oversee it. It’s time for all Meru MCAs to return to the people and seek a fresh mandate. That’s the only remedy left that respects the right of Meru people to choose their own leaders.

The writer is the Minority Whip and Senator of Narok County