File photo of Milimani Law Courts in Nairobi.PHOTO: Judiciary of Kenya
In Summary:
- The High Court in Milimani has temporarily halted the Senate’s decision to impeach Meru Governor Kawira Mwangaza following her urgent appeal.
- The court issued key orders suspending the Senate’s resolution and preventing the declaration of a gubernatorial vacancy until the case is resolved.
The High Court in Milimani, Nairobi, has temporarily stopped the Senate’s decision to impeach Meru Governor Kawira Mwangaza, following an urgent application filed by the Governor.
The court delivered its ruling on Wednesday, August 21, 2024, after considering the notice of motion and supporting affidavit presented by Mwangaza, who sought to challenge her removal from office.
In its ruling, the court acknowledged that the application raised “constitutional, legal, and factual issues” warranting immediate intervention.
Consequently, the court suspended the Senate’s resolution to remove Governor Mwangaza from office and restrained the Senate Speaker or any other authority from declaring or publishing a vacancy for the Governor’s position in the Kenya Gazette.
These orders will remain in effect until the case is fully heard and determined.
The court has also prioritized the case, setting strict timelines for the parties involved to file and respond to submissions.
The Respondent, presumably the Senate, must submit their response by August 28, 2024.
File image of Meru Governor Kawira Mwangaza
Governor Mwangaza has until September 4, 2024, to file her rejoinder, with the Respondent 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 will be mentioned on September 17, 2024, to confirm compliance and schedule a date for highlighting the written submissions.
This High Court ruling comes just one day after the Senate upheld the impeachment of Governor Mwangaza.