- Meru governor Kawira Mwangaza was impeached by the Senate on August 20, 2024, following a year of conflict with the County Assembly
- Mwangaza's ouster was based on charges of gross misconduct, abuse of office, and constitutional violations, with the Senate upholding all charges
- After her impeachment, the deputy governor is expected to assume office, though Mwangaza has challenged the decision in court, halting her removal temporarily
- Mwangaza joins a list of impeached Kenyan governors, including Ferdinand Waititu and Mike Sonko, both ousted for similar charges
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Didacus Malowa, a journalist at TUKO.co.ke, brings over three years of experience covering politics and current affairs in Kenya.
Nairobi - The impeachment of Meru governor Kawira Mwangaza has plunged the county and country into yet another political turbulence, raising questions about leadership in devolved units.
The impeachment of a governor is anchored in Article 181 of the Constitution and the County Governments Act According to Article 181 of the Kenyan Constitution.
Mwangaza, a first-term governor, was impeached by the Senate on Tuesday, August 20, 2024, marking the culmination of prolonged political strife between her and the Members of Meru County Assembly.
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This has also left the county at a crossroads, with uncertainties over the future of its administration and governance.
Mwangaza’s impeachment came after a troubled year marked by repeated clashes with the County Assembly.
The assembly, which accused her of gross violation of the Constitution, gross misconduct, and abuse of office, had earlier passed a motion of impeachment against her on August 8, 2024.
In a late night session marred by violent scenes, the Senate upheld all three charges against her, with a majority of senators voting for her ouster.
What happens after Mwangaza's ouster
According to the constitution, the deputy governor automatically assumes the role of governor for the remainder of the term.
The Kenyan law envisaged the political crisis following the ouster and this would ensure the continuity in governance and prevent a power vacuum.
County bosses have the liberty to seek legal redress from the courts by seeking conservatory orders to halt the implementation of the impeachment, arguing procedural flaws or constitutional violations.
The impeachment of a governor significantly disrupts county operations as most administrative duties are compromised.
Additionally, projects and programs initiated by the impeached governor may be stalled or abandoned, leading to delays in service delivery.
Politically, impeachment carries significant consequences as in most instances ends the political career of the impeached governor.
Impeached county bosses are not shielded from legal accountability for their actions while in office.
If past cases are to be emulated, impeached governors have been dogged by legal proceedings, including investigations by the Ethics and Anti-Corruption Commission (EACC) or the Directorate of Criminal Investigations (DCI).
The process reveals the conflicts and power struggles that exist inside Kenya's political system even as it works to protect the integrity of public office and governance.
How many governors have been ousted in Kenya
Mwangaza's impeachment is not the first case in Kenya since the return to devolved units after the promulgation of the new constitution in August 2010.
In 2020, Ferdinand Waititu was unseated as Kiambu county, governor following charges of corruption, abuse of office, and gross misconduct.
The Senate upheld his impeachment, leading to his removal from office and deputy, James Nyoro, was sworn in and served the rest of the term as governor.
The same year saw Mike Sonko ousted as Nairobi governor on multiple charges, including gross violation of the Constitution and abuse of office.
Sonko made numerous attempts to save his tenure and despite legal challenges, the Senate upheld his impeachment, leading to his removal from office.
How did Mwangaza find relief
Following her impeachment, Mwangaza swiftly moved to the High Court to challenge the Senate’s decision.
The court issued an interim order halting the implementation of the Senate’s resolution, pausing the process of officially removing her from office and barred the Speaker of the Senate from declaring the gubernatorial seat vacant.
Mwangaza's legal team argued that the impeachment process was flawed, citing procedural irregularities and a rushed process aimed at ousting her from office without due consideration of her defense.
The High Court’s intervention has temporarily shielded her from immediate removal, setting the stage for a legal battle.
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