The High Court has stopped Meru MCAs from proceeding with the fourth impeachment motion against Governor Kawira Mwangaza, which was scheduled for Thursday, July 25.
Justice Linus Phogon Kassan announced that the court would issue directions on Monday, July 29, after reviewing responses from all opposing parties to ensure a fair process.
In a ruling on Wednesday evening, Justice Kassan stated that the MCAs would not suffer any prejudice due to the temporary adjournment.
Governor Mwangaza, represented by lawyers Elias Mutuma and Ashaba Mark, rushed to court to halt the impeachment motion, claiming it is flawed and driven by political malice.
She alleges that the MCAs have been politically motivated to impeach her as a way to settle scores with her opponents.
Justice Kassan emphasized that this is the fourth impeachment attempt against Governor Mwangaza, with the previous three attempts failing, and underscored the need for thoroughness in the public interest.
He highlighted several key issues to be addressed in his ruling, including allegations of forgery of signatures on impeachment papers. Governor Mwangaza claims that some MCAs who support her were falsely listed as having signed in support of the motion.
The court also aims to ensure that Governor Mwangaza does not face double jeopardy by being prosecuted on issues raised in previous impeachment motions.
Additionally, the court will determine whether a section of the MCAs can be enjoined as interested parties in the suit, check for breaches of the right to a fair hearing, and scrutinize allegations of sub judice.
Governor Mwangaza contends that two of the grounds relied on by the MCAs are subject to active criminal and civil cases, potentially prejudicing their outcomes.
Justice Kassan affirmed the court’s jurisdiction to hear the matter, while stressing that the Judiciary does not intend to undermine the principle of separation of powers.
“The High Court is vested with the authority to oversee adherence to the constitution by any entity to prevent chaos and anarchy. There have been numerous instances where the High Court has ruled against other arms of government, including the President,” he stated.
The ruling will be delivered on Monday, July 29, 2024.
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