The High Court on Friday March 14th 2025 made a ruling in a case challenging the impeachment of embattled Meru Governor Kawira Mwangaza.
While reading the judgemtn at the Milimani law courts, Justice Bahati Mwamuye said that the impeachment against Mwangaza should stand as it followed procedural fairness and constitutional requirements.
Mwamuye ruled that the senate’s impeachment process was procedurally sound and does not warrant judicial intervention on grounds of unfair hearing.
He went ahead to dismiss Mwangaza’s petition that claimed that the process was marred by chaos, unfair hearing, and lack of evidence adding that she failed to substantiate those allegations.
“Consequently, and for the following reasons, this court finds and determines that:
- a) The amended petition dated December 23, 2024, which is the subject of the proceedings herein, is found to be without merit and is dismissed accordingly.
- b) The Gazette Notice Number 10351, Volume CXXVI, Number 130, dated August 20, 2024, published on August 21, 2024, and issued by the respondent, communicating the decision and/or resolution of the Senate to remove the petitioner from office as the governor of Meru County by way of impeachment, is affirmed for the purposes of these proceedings.
- c) Consequent to a and b above, the subsequent constitutional and statutory actions are free to take place as per the applicable timelines.
- d) Each party shall bear their own costs,” the court ruled.
Judge Mwamuye stated that the court was satisfied that the charges laid before the senate and which were considered by the chamber in favor of impeachment were of a nature that meets the requirements of article 181 (1), clause one of the constitutions.
“The petitioner has not shown that the senate’s analysis of the applicable law and evidence was so profoundly incorrect that no reasonable quasi-judicial body properly applying its mind to the law and the facts would have arrived at that conclusion and thus warranting interference by this court,” Mwamuye noted.
Justice Mwamuye stated that gubernatorial impeachment is an invaluable safeguard against impunity and abuse of office that must be jealously protected.
He added that it must not be allowed to become an avenue for political proxy wars or to resurrect ballot box contestations that were determined by the electorate when it chose a particular candidate to hold the office of governor.
“In that regard, the Senate, as a national legislative body capable of rising above the county-level political fray, is uniquely placed to safeguard the sanctity, probity, and vitality of this very important accountability measure,” he added.
“Watering down impeachment, lowering its threshold too much, or allowing it to become a facade masking hidden political interests, risks eroding public confidence in the process.”
Mwangaza was impeached by the Senate in August 2024. On the first charge of gross violation of the Constitution and other laws, the Senate found her guilty, with 26 senators voting to confirm the charge, 4 voting against it, and 14 abstaining.
The second charge followed a similar pattern, with 26 senators voting in favor, 2 opposing, and 14 abstaining. The third charge, abuse of office, saw 27 senators voting to confirm the charge, 1 voting against it, and 14 abstaining.
Mwangaza subsequently sought court orders to allow her to continue serving the people of Meru County. In December 2024, the High Court extended orders blocking the Senate’s decision to impeach her.
