High Court temporarily halts Meru Governor impeachment process pending ruling
By Harun Mugambi
In a significant development, the High Court of Kenya at Meru has temporarily halted the impeachment proceedings against Meru Governor Hon. Kawira Mwangaza.
This decision comes after the Governor filed a constitutional petition challenging the process initiated by the County Assembly of Meru.
The ruling, delivered by Justice L. Kassan on July 24, 2024, highlighted critical constitutional issues, particularly the right to a fair hearing. The court emphasized its jurisdiction over the impeachment process, citing the necessity to uphold inalienable rights as enshrined in the Constitution.
Justice Kassan noted the urgency and complexity of the matter, stating that the court must ensure all parties receive a fair hearing. He acknowledged the challenge of making an immediate decision due to the voluminous documents filed and the limited time available before the impeachment vote, scheduled for the next day.
“The right to a fair hearing is paramount and applies to all parties, including judicial officers who need adequate time to analyze evidence without undue pressure,” Justice Kassan stated. He suggested that the legislature should consider setting clear timelines for filing impeachment motions to avoid such situations in the future.
The court’s decision to grant interim orders halting the impeachment process was driven by the potential prejudice to the petitioner and the importance of maintaining judicial oversight in constitutional matters. Justice Kassan pointed out that denying the stay would render the petition pointless and undermine the High Court’s jurisdiction in safeguarding constitutional rights.
This case marks the fourth attempt to impeach Governor Mwangaza, with previous efforts failing. The court acknowledged the public interest in resolving the matter to ensure the efficient use of resources and judicial time.
The impeachment motion was brought forward by MCA Zipporah Kajuju and was set to be voted on by the County Assembly tomorrow. Governor Mwangaza’s legal team argued that the process was marred by procedural irregularities and violations of constitutional rights, leading to the petition filed in the High Court.
Justice Kassan outlined several core issues that would be addressed in the upcoming ruling, including breaches of fair hearing, sub judice matters, double jeopardy, alleged forgery of signatures by Members of the County Assembly (MCAs), and the inclusion of interested parties in the proceedings.
The substantive ruling on the petition is scheduled for delivery on Monday, July 29, 2024. The decision will be communicated via email to all involved parties, as announced by the court.
