Meru Governor Kawira Mwangaza has received another shot in the arm after the High Court extended orders blocking the Senate’s decision to impeach her.
On Wednesday, December 18, High Court Judge Bahati Mwamuye ruled that Mwangaza’s application met the necessary threshold for the extension of the orders. The ruling means that the governor will continue in office pending the final determination of the case.
In his decision, Judge Mwamuye upheld the conservatory orders and rejected the Senate’s request to lift them. If granted, the Senate’s application would have effectively rubberstamped Mwangaza’s removal from office.
The court emphasized that public interest warranted the extension of the orders. Without this extension, the petition would become nugatory if Mwangaza were to win the case.
“The public interest, as it applies to the people of Meru County and the wider people of Kenya, would be best served by the confirmation and extension of the interim conservatory orders pending the expedited hearing and determination of the petition,” Mwamuye stated.
He added, “Refusing to confirm and extend those orders would trigger a gubernatorial succession in Meru County, which, if the petition succeeds, would need to be undone at great public cost.”
The court also heard that Mwangaza would suffer prejudice if the orders were not extended, with the petition turning into an academic exercise. The judge noted that a leadership vacuum in Meru County would significantly disrupt the county’s operations.
By confirming the orders, the judge allowed Mwangaza to continue performing her gubernatorial duties until the final hearing, which is set for a later date.
“The respondent’s notice of motion is dismissed, and the ex-parte orders are confirmed and extended for 120 days, during which time she will continue to serve as Governor,” Justice Mwamuye ruled.
“I shall in this ruling confirm and extend the interim (conservatory) orders for a period of 120 days from the date hereof, in that time, the petitioner shall continue to serve as the governor of Meru County with a provision that a judgment in this matter may be rendered before the lapse of those 120 days on the date hereof.”
After the ruling, Mwangaza was seen shedding a tear. She expressed her gratitude to God and the courts, pledging to cooperate fully with the judicial process.
“I am so happy today. I want to thank our courts and our people for their support. For the days we have been given, we will comply with the courts. I believe that whatever God has given to a person, no one can take it from them,” she said.
