Meru Governor Kawira Mwangaza was on Wednesday, October 25, unanimously impeached by the Meru County Assembly for the second time.
The Meru County Assembly accused the independent governor of misuse of public funds, gross misconduct, and contempt of the county assembly and court among other charges.
Following her impeachment, the governor filed a petition at the Court of Appeal challenging her ouster.
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.
However, the Court of Appeal in Nyeri quashed her petition seeking to challenge her impeachment.
In the ruling delivered on Friday, October 27, Justices Jamila Mohamed, Luka Kimaru, and Aggrey Muchelule ruled that the court lacks jurisdiction to consider Kawira’s petition.
“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 court of appeal maintained that the embattled county boss would have an opportunity to overturn her impeachment at the Senate.
“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.
Mwangaza’s fate now once again lies with the Senate which is expected to uphold or overturn the impeachment.
