New Meru Governor Isaac Mutuma hit his first stumbling block minutes after he was sworn into office following a lawsuit filed against him on Monday, March 17.
Mutuma, who served as Deputy Governor since 2022, replaced his former boss Kawira Mwangaza after she was impeached by the Senate in 2024 in a decision that was upheld by the High Court on March 14.
Just moments after his swearing-in ceremony at the Mwendantu Grounds on Monday, an activist moved to court to challenge his assumption of office on various grounds.
The activist, Mike Makarina, argued that Mutuma's oath should have come 10 days after the occurrence of a vacancy.
As per the activist's petition, the earliest the new Meru governor should have been sworn in should have been on Monday, March 27 - the first Thursday after 10 days following the court's decision to uphold Mwangaza's impeachment.
The fresh lawsuit comes amid an ongoing debate on whether Mutuma's swearing-in as the new Meru County boss was viable as per the Constitution.
The new lawsuit emerges amid an ongoing debate on the legality of Mutuma’s swearing-in as the Meru County governor, with some lawyers arguing that it could potentially violate the Assumption to Office of Governor Act of 2017.
According to the act, a Governor-elect shall be sworn in on the first Thursday after the tenth day following the declaration of the final election results by the Independent Electoral and Boundaries Commission (IEBC).
As far as Mwangaza's political lifeline is concerned, the impeached governor could yet move to the court of appeal to challenge the High Court's judgment.
This loophole, however, has been complicated by the fact that Mutuma has already been sworn in - a move which throws a spanner in the works since the appellate court cannot grant Mwangaza temporary reinstatement pending the hearing and determination of an appeal if she chooses to move to court.
Mwangaza was impeached after 26 Senators endorsed her ouster on grounds of gross misconduct and violation of the constitution. The Senate vote underlined the uphill task Mwangaza had in retaining her seat, as only four Senators voted in her favour, while 14 Senators abstained.
Notably, this was the third impeachment motion against the embattled Mwangaza, who has in the past been accused of failing to unite the Meru region during her two years in office.
