The High Court in Meru has temporarily halted the impeachment process against Governor Kawira Mwangaza, which was set to take place at the Meru County Assembly on Thursday, July 25. The ruling, delivered by Justice L. Kassan, followed a petition filed by Governor Mwangaza challenging the removal bid.
Justice Kassan emphasized the constitutional right to a fair hearing, stressing that “An impeachment is a process that directly engages a person to be impeached, and so, like a normal process of dismissal, the right to a fair hearing must always be upheld.”
The court underscored the importance of maintaining the status quo to allow a thorough analysis of the evidence without undue pressure. “The right to a fair hearing is for all the parties and judicial officers who require time to analyze the evidence without extreme pressure,” Justice Kassan stated.
Central to the case are allegations of breach of fair hearing rights, considerations of sub judice matters, claims of double jeopardy, accusations of forgery by Members of the County Assembly (MCAs), and the inclusion of interested parties in the proceedings.
Justice Kassan acknowledged the dual impact of granting interim orders, noting, “Halting the impeachment process temporarily affects the County Assembly’s proceedings, but denying the orders could prejudice the Governor, who has raised substantial constitutional issues.”
“The High Court is clothed with the authority to oversee faithfulness and submission to the constitution by anybody, any juristic person in order to avert chaos and anarchy,” the judge emphasized.
Justice Kassan has scheduled the final ruling for Monday, July 29, 2024, stating, “The impeachment process is halted pending my ruling. Since this is a matter of public interest, the rulings will be delivered on Monday, the 29th of July, 2024.”
