High Court Grants Reprieve to Governor Kawira, Pauses Senate Impeachment

By Debra Rono

The High Court of Kenya has issued conservatory orders that temporarily suspend the impeachment of Meru County Governor Kawira Mwangaza, treating her case with urgency.

“Pending the inter partes hearing and determination of the Application dated 21/08/2024, a conservatory order is hereby issued to stay the furtherance or implementation of the Senate’s Resolution to remove Hon. Kawira Mwangaza from her position as Governor of Meru County by impeachment,” states the court report.

Governor Mwangaza filed this urgent application following her impeachment by the Senate the previous night, aiming to contest the decision.

High Court Judge Hon. Bahati Mwamuye noted that the application presents “constitutional, legal, and factual” matters that warrant urgent attention.

“Upon a preliminary consideration of the same, I am satisfied that the Application raises constitutional, legal, and factual issues that meet the threshold that warrants immediate intervention by this Court by way of the issuance of ex parte interim conservatory orders, Consequently, I hereby order and direct that the Application dated 21/08/2024 be and is hereby certified urgent and shall be heard on a priority basis.” the court report continues.

Additionally, the Milimani High Court has issued a conservatory order preventing the Senate from announcing a vacancy in the office of the Governor of Meru in the Kenyan Gazette.

The respondents are required to submit their responses by August 28, 2024, while the Governor is expected to file a rejoinder and written submissions by September 4, 2024.

The High Court Judge also anticipates that the respondents will provide their written submissions by September 11, 2024, with the Governor allowed to submit another rejoinder if necessary by September 13, 2024.

The hearing for this case is scheduled for September 17, 2024, when the court will ensure compliance and set a timeline for the submissions.