The High Court has extended orders staying the impeachment of Meru Governor Kawira Mwangaza.
The ruling issued on Wednesday, December 18, extends the conservatory orders barring her removal from office for another 120 days. This is to allow the court to hear and determine her objections to the impeachment.
In the ruling delivered by Justice Bahati Mwamuye, the embattled governor is set to continue serving in her capacity after the judge determined that a leadership vacuum in the county would lead to a crippling of operations at the county.
The judge stated that the decision to uphold the orders issued by the High Court in Meru allowed Mwangaza to continue discharging her gubernatorial duties before the full and final hearing set for a later date.
"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," the judge ruled.
By upholding the conservatory orders, Justice Mwamuye rejected an application by the Senate to lift the orders that would effectively rubberstamp her dismissal from office.
The judge stressed that the aspect of public interest was a significant factor in the delivery of his ruling, stating that the people of Meru needed to have a leader in the office of the governor
"To my mind, the public interest as it applied to the people of Meru County, the wider people of Kenya, would be best served by the confirmation and extension of the interim conservatory orders in place pending the expedited hearing and determination of the petition," Mwamuye averred.
"The refusal to confirm and extend those orders would result in a gubernatorial succession in Meru County, which, in the event that the petition was to succeed in a few months, would have to be undone by this court and/or other courts at great public cost," he added.
Mwangaza was impeached on August 21, after the Senate upheld her impeachment for gross misconduct, abuse of office and gross violation of the Constitution.
The decision was reached following a vote in the Senate, with Speaker Amason Kingi announcing the outcome.
"Pursuant to Article 181 of the Constitution, Section 33 of the County Government Act, and Standing Order 86 of the Senate Standing Orders, the Senate has resolved to remove from office by impeachment Hon. Kawira Mwangaza, the Governor of Meru County, and the governor accordingly ceases to hold office," Speaker Kingi declared after the voting.
After the delivery of the ruling, Mwangaza was seen shedding a tear as the High Court seemingly handed her a reprieve in her long-standing battle against her ouster that has led to a disruption of operations at the county government.
While speaking to the media after the court proceedings, Mwangaza expressed her gratitude to God and the courts pledging her cooperation with the courts going forward.
"I am so happy today. I want to thank our courts and our people for the support and that 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 that person," she stated.
