Mwangaza now wants court to quash law allowing MCAs to reintroduce impeachment charges
Meru Governor Kawira Mwangaza wants the High Court to declare unconstitutional a law that allows MCAs to re-introduce failed impeachment charges against a governor after three months.
The governor wants the Constitutional and Human Rights Court to rule that Section 33 (8) of the County Government Act violates the rights of elected governors and the electorate.
The section allows county representatives to reintroduce a motion for impeachment on similar charges three months after a Senate vote fails to remove the governor.
“If a vote in the Senate fails to result in the removal of the governor, the Speaker of the Senate shall notify the speaker of the concerned county assembly accordingly and the motion by the assembly for the removal of the governor on the same charges may only be re-introduced to the Senate on the expiry of three months from the date of such vote.” the county government act reads.
Ms Mwangaza, who is fighting her third impeachment in the Senate in two years, says the rule exposes governors to double jeopardy where one can routinely be tried for the same offence every three months.
It is asking Justice Edward Muriithi to rule that the assembly is guilty of exercising its powers in an illegal, excessive and abusive manner.
Through lawyers Elias Mutuma and Ashaba Mark, the governor says the legal loophole has emboldened the MCAs to engage in “routine and perpetual impeachment motions” against a popularly elected governor.
“It is not fair that after you have been popularly elected as a governor, you now face impeachment motions every three months,” argued Mr Ashaba.
Read: Mt Kenya’s love affair with impeaching governors
Ms Mwangaza says her rights as guaranteed under Article 50(1) of the Constitution of Kenya are being violated, particularly the right to a fair hearing, arguing that the county assembly is biased against her.
She is therefore asking the court to protect her from being subjected to double jeopardy in what she claims is a politically motivated trial.
“Article 50(1) of the Constitution provides that every person has the right to have any dispute that can be resolved by the application of law decided in a fair and public hearing before a tribunal or, if appropriate, another independent and impartial tribunal or body.
“The Petitioner avers that the past and present conduct of Meru County Assembly demonstrates that it lacks capacity to act independently and as an impartial tribunal in as far as the impeachment of the Governor is concerned,” said Mr Ashaba.
However, the MCAs through lawyer Ndegwa Njiru insist that the High Court did not have jurisdiction to hear Ms Mwangaza’s petition and asks her to withdraw it.
“Binding precedent forbids this honourable court from granting the reliefs sought in the application and the petition.
“This Honourable Court is not the Constitutionally ordained forum for interrogating the merits, demerits, veracity or falsity of the allegations outlined in the impeachment motion,” he said.
Ms Mwangaza also wants the High Court to cite Speaker Ayub Bundi, Clerk Jacob Kirari and MCA Zipporah Kinya for contempt of court, saying they ignored orders over the intended fourth impeachment.
She wants the trio sentenced to a six-month civil jail term and fined, for the role they played in the withdrawal of the motion.
Ms Mwangaza says that despite the conservatory orders barring the MCAs against deliberating on the motion, Ms Kinya went ahead and withdrew the same and introduced a fifth impeachment motion.
The motion has since been endorsed by the MCAs and is before the Senate.
Ms Mwangaza invited the court to punish the three to ensure the MCAs “abide by the rule of law and to restore and affirm the court’s dignity.”
She said the action by the MCAs went against Article 181 of the Constitution, since the High Court was expected to address claims of forgery of signatures of some MCAs in papers supporting the impeachment motion.
Justice Muriithi fixed the ruling for September 5, 2024.
cwanyoro@gmail.com
Shows
See AllAM Live
AM Live is NTV's morning current affairs show that sets the agenda for the day with insightful panels every weekday.
Business Redefined
Business Redefined is Kenya’s premier thought leadership platform for unpacking matters regarding economic and finance policy as well demystifying complex developments in the region’s capital markets.
Comedies
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Entertainment
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Full Episodes
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Gumzo La Sato
Gumzo La Sato is a live social issues show that aims to create awareness about issues affecting the larger society. The discussions range from Parenting, Marital bliss and struggles, Oppression, violence, and all matters of the Heart.
Health Diary
Health Diary is a weekly show that highlights different types of diseases/conditions and seeks ways to prevent, treat/manage them. The show debunks this through real life stories and also feature specialists in different fields, to offer medical advice on the same.
Letter To My Younger Self
Letter To My Younger Self is a podcast where guests get to write a letter to their younger self, from which Maxine formulates questions to ask them during the hour-long show.
Nation Reports
Nation Reports is a weekly podcast offers an opportunity for listeners to interact with various reporters and journey with them as they unravel the biggest most emotive stories.
One Health Lens Podcast
Discussing health matters and human stories from Kenya and across Africa. We talk big picture from people to policy, ecosystems, and everything in between. Follow us on LinkedIn: https://www.linkedin.com/company/onehealthlens
Paradise Lost
Paradise Lost peeks through the story of Louis Otieno, the times, and everything in between.
Speaking of GEN Z
Speaking of Gen Z brings you entertaining but meaningful conversations about a generation that is trying to navigate through adulthood. Join hosts Michelle, Jackie and Esther as they unravel all things Gen Z.
Sport On
Sport-On is a 30-minute sports magazine show on NTV and 3 hours on NATION FM. The show seeks to give the sports “fanatics” and “funatics” comprehensive and in-depth coverage of sports both locally and internationally.
Tech-over
The extent of technological growth is beyond mere acknowledgment; it has seamlessly integrated into our daily existence. A few years ago, the notion of paying electricity bills through mobile money or recharging with 'tokens' in Kenya seemed inconceivable. Online product sales were considered distant, and artificial intelligence is rapidly reshaping various facets of our lives. Amidst these technological leaps, those with a solid understanding of tech can navigate challenges, seize opportunities, and build a sustainable livelihood. Tech over Show aims to be the platform facilitating discussions among thought leaders, innovators, tech companies, and the government, addressing challenges and opportunities in Kenya's thriving tech industry.
Thamani
Thamani is a business show which is dedicated to emerging issues regarding micro, small and medium size businesses.
The Politalk podcast
This is The Politalk podcast. Here we look into the ins and outs of everything Kenyan politics. We pull no punches and have no reason to sugarcoat anything that matters to Kenyans.
The Trend
A two-hour-long live show that airs on Fridays. The show focuses on what is current in the entertainment industry, controversial and popular across all media platforms targeting those aged between 25 and 35 years.
The trend podcast
The trend podcast highlights and captures the best of banter from #TTTT segment that airs every Friday on NTV. It's the TTTT EXTRA
The Wicked Edition
The Wicked Edition with Dr. King’ori seeks to address serious issues through humour and relatable wit. It is a two-part half hour show filmed in front of a live audience
Trending
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Twende
Twende is a travel show that highlights beautiful, unique, diverse locations, people, and cultures. The show offers fresh perspectives on familiar locations and memorable experiences in new ones.
Unscripted
This Saturday evening lifestyle show lets viewers share their stories and life experiences as openly & honestly for the purpose of shifting the culture of silence.
VIP Access
VIP ACCESS is Anyiko Owoko’s YouTube and podcast show on Music and Culture dedicated to promoting Africa’s most promising talent and creatives. This podcast grants you VIP access into timeless interviews while providing a platform for rising as well as established artists across the continent. Since launching in 2018, Anyiko has interviewed over 70 African music stars.
WADR
This weekly news show aims to have all sides of debate but not be constrained by it, listen to main voices in the contest but not allow them to hold the viewers hostage, entertain debate but allow push back with all due respect.
When death do us part
In this podcast, three widowers openly speak about the process of grief, how they found themselves exposed to the emotional turmoil of losing their wives, and how society still does not know how to deal with them.
Your World
Your World is a health, wellness and variety show. It provides a platform for audiences and experts to share their experiences on how to improve or manage health issues, across Kenya and the Africa region.