The High Court in Milimani, Nairobi, has temporarily halted the Senate's decision to impeach Meru Governor Kawira Mwangaza, following an urgent application filed by the governor challenging her removal from office.
The ruling was delivered on August 21, 2024, after the court reviewed the notice of motion and supporting affidavit submitted by Governor Mwangaza. The petition was deemed urgent, prompting the court to intervene immediately.
In its decision, the court highlighted the presence of "constitutional, legal, and factual issues" that warranted swift action. Consequently, the High Court issued key orders, including the suspension of the Senate's resolution to remove Mwangaza from office. The court also prohibited the Senate Speaker or any other authority from declaring or publishing the vacancy of the Governor's office in the Kenya Gazette until the case is heard and determined.
The court has prioritized the hearing of this case, setting a strict timeline for the involved parties to submit their filings. The Senate and its Speaker, as respondents, must file their response to Governor Mwangaza's application by August 28, 2024. The Governor has until September 4, 2024, to submit a rejoinder, and the respondents are required to submit their written submissions by September 11, 2024. If needed, the Governor may file a final rejoinder by September 13, 2024.
The case is scheduled to be mentioned on September 17, 2024, for compliance confirmation and to set a date for highlighting the written submissions.
The court emphasized the gravity of the matter by issuing a penal notice, warning that any disobedience of its orders would result in legal consequences.
This ruling by the High Court comes just a day after the Senate upheld the impeachment of Governor Mwangaza. On August 21, 2024, the Senate published a public gazette notice confirming its decision to remove the governor from office based on charges of gross violation of the Constitution, gross misconduct, and abuse of office.
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Category: News
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