Blow to Governor Mwangaza as Court of Appeal dismisses petition seeking to block her impeachment

In the ruling, Justices Jamila Mohamed, Luka Kimaru and Aggrey Muchelule ruled that the court lacks jurisdiction to consider Kawira’s petition.

The three-judge bench noted that it cannot, in the first instance, intervene in the impeachment of the applicant due to the strict timelines provided by the law on the impeachment process.

“This Court lacks jurisdiction in the first instance to consider the merits of the applicant’s application which sought Conservatory Orders before the impeachment process has run its constitutional and legal course,” reads the court documents.

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.

In her petition, Kawira argued 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.

The embattled Governor also 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.

Mwangaza was unanimously impeached by the Meru County Assembly on Wednesday on grounds of misuse of public funds, gross misconduct, and contempt of the county assembly and court among other charges.