Meru Governor Kawira Mwangaza has suffered a setback as the Court of Appeal in Nyeri dismissed her bid to stop her impeachment.
Justices Jamila Mohamed, Luka Kimaru, and Aggrey Muchelule found that the court lacks jurisdiction to hear Kawira's case.
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Due to the severe timelines imposed by the legislation on the impeachment procedure, the three-judge bench stated that it could not intervene in the applicant's impeachment in the first instance.
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Court papers read,"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."
The judges also stated that if Kawira is impeached, she will have another opportunity to submit her case before the Senate at the impeachment process.
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“Even after the Senate decides, the applicant still has the avenue of petitioning the Court for appropriate relief if the decisions were to go against her. Therefore, we are of the view that the applicant’s right to be heard will not be circumscribed,” judges added.
In her petition, Kawira claimed that several of the matters for which she sought impeachment were still under consideration by the Court.
She also criticized the impeachment process and its grounds, arguing they had not reached the constitutional bar for removing a popularly elected Governor from office by impeachment.
The besieged Governor further claimed that the County Assembly has been biased against her from the start and has used its powers to stymie her government, saying that impeachment proceedings before the Assembly would be unfair.
Mwangaza was overwhelmingly impeached by the Meru County parliament on Wednesday for, among other things, misusing public funds, severe misconduct, and disrespect of the county parliament and court.
