Justice Bahati Mwamuye sitting at the Milimani law Courts said Kawira has satisfied the court that the case will be rendered useless if the interim orders are not confirmed.

Mwamuye in confirming and extending the ex parte orders he had issued on 21 August this year said the orders will be in place for a period of 120 days.

“The respondent’s notice of motion is dismissed, ex-party orders are confirmed and extended for a period of 120 days and at that time she will continue to serve as the Governor.”

“…in that time, the petitioner will continue to serve as governor with a provision that the judgment in this case may be rendered before lapse of the 120 days,” he said.

The court further noted that public interest warrants the extension of the orders, adding that there’s if the orders are not extended then the petition will be rendered nugatory if Mwangaza wins the case.

The court was told that Mwangaza would suffer prejudice and that the petition would be an academic exercise.

This means that the case will be heard fully. The matter will be mentioned on December 20.

Mwangaza unsuccessfully faced her third impeachment on August 21 after a contentious late-night voting session at the Senate confirmed all three charges against the embattled Governor.

On the first charge of gross violation of the Constitution and other laws, the Senate found Kawira guilty, with 26 Senators voting to confirm the charge, 4 voting against it, and 14 abstaining.

The Senate had asked the court to set aside the orders saying it has far-reaching implications that encroach on their mandate.

They also faulted Kawira for suing the wrong party saying she ought to have sued the Senate and not the speaker.

The speaker they said has no vote in matter of the house.

But the Judge in confirming the orders said some of the issues raised will be dealt with during the main hearing of the matter.

“Not confirming the orders would mean there will be a succession in the officer of Meru Governor. Those changes will not be easy to undo if Kawira’s petition succeeds,” the Judge said.

The judge said that prudent use of scarce resources is more relevant in such a case as gubernatorial succession in the county would trigger events and changes that would be funded from the public coffers.

“Public interest in this case favors the continuation and subsistence of the orders issued in August pending determination of the case,” said the Judge.

The post Court Confirms Orders Blocking Ouster of Meru Governor Kawira  appeared first on KahawaTungu.

The governor had argued that the county assembly did not meet the two thirds threshold when they impeached him.

Some 31 MCAs out of 47 had voted to impeach to the county chief.

Mutai said that the Assembly needed to raise 32 votes to impeach him.

After hours of debate, Speaker Kingi ruled that the matter be subjected to a vote by all the 47 delegations (elected senators).

Some 34 senators voted to uphold the objection while 10 voted against. There was no abstention.

Mutai raised preliminary objections to his impeachment case before the Senate.

Through lawyer Katwa Kigen, the governor says that the county Assembly prosecuted the impeachment case despite the existence of a court order barring them from doing so.

The same order, he said, barred the senate from receiving a resolution from the county assembly.

Kigen adds that the assembly did not meet the two-thirds threshold to impeach the governor.

He said that 31 voted to impeach the governor against a threshold of 32. As such, he wants the Senate to rule on the matter before the case proceeds.

“The speaker of the County Assembly was wrong. It is only 31 out of the 47 who voted in support of the motion,” he said.

The post Kericho Governor Mutai Survives Impeachment on a Technicality appeared first on KahawaTungu.

Mwangaza expressed joy at the Senate’s decision to probe charges against him through plenary.

The Senators rejected a proposal by the House Business Committee to establish an 11-member committee to hear impeachment charges against Mwangaza.

“Hallelujah,” the Meru County boss said on X after news broke she will appear before all Senators to defend herself.

The Senate on Wednesday held a special sitting to hear the charges made against Mwangaza after 40 out of 69 members of the Meru County Assembly voted to impeach for the third time since her swearing-in.

The move came after Senators on Wednesday voted against a motion proposing the establishment of a Special Committee to hear the grounds for Mwangaza’s impeachment.

“The majority leader moved the motion at order number 8  of the establishment of a special committee to investigate the proposed removal from office by impeachment of Kawira Mwangaza. The motion has been negatived,” stated the Senate Speaker Amason Kingi.

“The route of the special committee is abandoned and the Senate will investigate the proposed removal from office by the impeachment of Kawira Mwangaza in plenary pursuant to section 33 (3a) of the County Government Act.”

During the voting, most senators underscored the sensitivity of Mwangaza’s case saying that the plenary would allow Kenyans and the Meru people to follow up on the case in real time.

In the motion moved by Majority Leader Aaron Cheruiyot, the proposers wanted the matter referred to the Special Committee arguing that being the third impeachment motion against Mwangaza, the committee would be most effective in cross-examining the parties involved.

“The situation of Meru is a very complex one and requires serious thinking because we don’t want to make a decision and then we are told to deal with the same. There may be instances where we might need to look at provisions of Article 192 of the Constitution; whether to suspend the county and send everyone home or not. That can be done executively in a committee, in a report which can be sent to the president for action,” said Vihiga Senator Godfrey Osotsi.

“I know the plenary way is more popular but the most effective one in this circumstance is the committee way. I want to ask members to support the members so that  we deal with this problem once and for all.”

Nairobi Senator Edwin Sifuna had also seconded the motion stating that “In my view, then Committee way is a far superior way of interrogating these issues than the plenary manner. The Senate is on recess and it is not fair to drag the entire Senate to sit here just to listen to these allegations.”

Following the House decision, the Speaker directed the Senate Clerk to issue invitations for appearance to the parties on Wednesday after which the parties would then be required to file the responses with the office of the Clerk of the Senate before Saturday 5 pm.

The clerk will then circulate documents received by parties to senators before Sunday 5 pm after which the Senate will commence hearing on Monday.

Mwangaza was impeached last week by the county assembly for the third time, with 49 MCAs voting for her ouster.

During the voting on Thursday, three MCAs did not vote, while 17 others voted against the impeachment motion moved by Zipporah Kinya – the Deputy majority leader.

She cited three grounds, including Gross violation of the constitution and other laws, gross misconduct, and abuse of office.

The post Senate Plenary To Begin Governor Mwangaza Impeachment Hearing On Monday appeared first on KahawaTungu.

During the vote on Thursday, 49 MCAs supported the impeachment, 17 opposed it, and three abstained.

Earlier in the day, the assembly was marred by chaos and disruptions as members prepared to debate the fifth motion to oust Governor Mwangaza.

Supporters of Governor Mwangaza clashed with those backing the impeachment outside the Meru County Assembly.

In several videos, the two groups were initially seen conversing before the situation escalated into a physical altercation involving pushing and shoving.

More follows 

The post Meru MCAs Impeach Governor Kawira Mwangaza appeared first on KahawaTungu.

Among others, Gachagua downplayed the impeachment claims allegedly being pushed by a section of his political nemesis.

Speaking on Sunday during an interview with Agikuyu vernacular media stations, Gachagua confirmed that he had heard of the impeachment claims but said he was not worried about them.

“If speaking for my people will be the reason for my impeachment, I am ready to go home. I am still young,” he said.

He said the entry of ODM leader Raila Odinga and his troops into the Kenya Kwanza government has also been linked to the impeachment claims.

“I hear they wanted to impeach me but they did not have the numbers to do so. Now I hear that they are saying with Raila and his people in government they have the numbers to oust me if they unite,” Gachagua said.

According to the brief he received from President William Ruto, Gachagua says the ODM leader and his troops were brought on board to help stabilise the country, not to impeach him.

“Ruto did not tell me Raila was coming with his people to get rid of me, he said they were coming to help and I believed him. So I am not taking the impeachment issues seriously,” he said.

On claims that the impeachment is being spearheaded by MPs from the Mt Kenya region, Gachagua described the narrative as shocking.

He said it would surprise him why the group of leaders would orchestrate his ouster from office yet he has been on the frontline in agitating for the needs of the Mt Kenya region.

“My thinking is one, if it is our Mt Kenya people who are the ones after that motion, I would be so shocked because I don’t know why they would have a problem. I am speaking for Mt Kenya people,” he said.

“Two, if there’s that motion, they should collect the signatures where they were elected first. They should go back there because it is not the MPs who voted for me but it is Kenyans, especially the Mt Kenya people who supported me and Ruto overwhelmingly. It’s not MPs who elected me. It’s Kenyans. They should get the signatures from Kenyans, not MPs.”

The remarks by Gachagua come hot on the heels of reports of night meetings and behind-the-scene schemes to oust the country’s second in command.

The unfolding situation has raised serious concerns about the relationship between the Deputy President’s office and security agencies, highlighting a potentially significant rift within the government’s ranks.

Gachagua also talked on what he termed as unwarranted disrespect from security agencies, including the targeting of his close allies, the grilling of his staff members, and a shooting incident involving one of his staff.

Gachagua revealed that a former senior National Intelligence Service (NIS) official in charge of Nairobi identified as Gikonyo, whom he had recruited to assist in the fight against alcohol and drug abuse, was shot.

He claimed the officer, transferred from the NIS was assigned to investigate illicit alcohol and drug abuse, a task given by the president.

“I found one of the officers who was very senior in charge of Nairobi, and I brought him to my office to investigate the issue of illicit alcohol and drug abuse.”

“To try and intimidate me, that officer was trailed by a person in a boda boda while leaving his house in Kileleshwa and shot. By the grace of God, the bullet missed his head and hit him on the shoulder. He was taken to Nairobi Hospital, and the bullet was removed.”

He expressed disappointment that this incident had not been adequately addressed.

“The President did not know this information and I had to tell him. When the security bosses were asked, they started stuttering. To this day, that assassin who was sent to intimidate me and my staff has never been investigated, and the matter went silent,” he stated.

Gachagua did not disclose the specific dates or period when the incident occurred.

Gachagua described the harassment as unprecedented, even compared to the previous administration, where former President Uhuru Kenyatta’s lieutenants allegedly undermined then-Deputy President William Ruto’s office.

He criticised security bosses for failing to adequately gather information about recent protests, leading them to rely on dubious narratives such as foreign interference and his supposed involvement.

“The Gen Z protests were sparked by the collective anger of all Kenyans because they felt their leaders were not listening, coupled with the chest-thumping of ministers and other officials,” Gachagua noted.

“When the officers came here, they asked my staff only two questions about whether they funded the Gen Z protests and who they had been in communication with. They asked about three questions and then left. This occurred without media knowledge, but they were the ones who leaked information to the media to tarnish my image.”

Gachagua also revealed that he confronted Ruto about the recent actions of the security agencies, reminding him of their promise not to use these agencies to target and intimidate politicians.

He recounted an incident on Sunday involving Embakasi Central MP Benjamin Gathiru, also known as Mejja donk, who was intercepted by ten police vehicles in Kenol, and his phone was confiscated.

Additionally, Embakasi North MP James Gakuya’s phone was also taken by police for analysis. They are under probe over claims of sponsoring goons to infiltrate anti-government protests and loot property.

The MPs have denied the accusations. Gachagua’s three aides were too grilled over the claims.

He expressed concern over the surveillance he and his associates are reportedly under.

“Many people I am in communication with are being tracked, and many of my phone calls are being recorded,” he lamented. “Every person who calls me is recorded, yet I am the Deputy President of Kenya. Every person who comes close to me is being asked what they had come to discuss.”

Gachagua warned security bosses against employing tactics reminiscent of the previous government.

“I told the President, when we sat down with the two security bosses, that we should not spill the blood of Kenyans. I warned of the problems we would face if we allowed them to shed innocent blood,” he said.

He reiterated his opposition to abductions and extrajudicial killings, stating, “In Kasarani, I said that such actions should not be acceptable in our government.”

He said he hopes the security chiefs would heed the President’s call to cease harassment.

The post Gachagua Says He Does not Fear Impeachment appeared first on KahawaTungu.

“The allegations under Ground 1 on gross violation of the constitution, Ground 2 on serious reason for believing that the cabinet secretary has committed a crime under national law and Ground 3 on gross misconduct, as outlined in the special motion, are unsubstantiated,” the committee said in its report to the National Assembly on Monday.

The 11-member committee approved last week investigated allegations raised against the agriculture minister in the impeachment motion sponsored by Bumula MP Jack Wamboka.

Seven of the 11 MPs voted to save the CS.

MP Wamboka had listed three grounds in the impeachment motion against CS Linturi: gross violation of the Constitution or any other law, serious reasons to believe the CS has committed a crime under national law, as well as gross misconduct.

The allegations surround the procurement and distribution of government-subsidised fertiliser which itself is under probe over concerns it was fake.

The report was tabled by Marsabit Woman Representative Naomi Waqo who chaired the 11-member select committee.

Waqo said that the majority of the members found the allegations against the CS as unsubstantiated.

Seven members voted to clear Linturi with four members dissenting.

The post Agriculture CS Mithika Linturi Survives Impeachment appeared first on KahawaTungu.

This is after a majority of the 47 Senators failed to uphold any of the seven charges cited against her by by the County Assembly that voted to remove her.

Mwangaza was accused of misappropriating county resources, nepotism and unethical practices, bullying and vilifying other leaders, usurping her statutory powers, contempt of court, illegally naming a public road after her husband and contempt of the Meru County Assembly.

After a two-day-long hearing of the impeachment case against her, the 47 Senators took the crucial vote at around midnight on Wednesday, voting on each of the seven counts levelled against Governor Mwangaza.

On the first count of misappropriation of county resources, 19 Senators voted to have her removed from office while 28 voted in her favour.

For the second count of nepotism and unethical practices, five Senators found her guilty while 42 were not satisfied by the accusation as grounds for her removal.

Three Senators found her guilty on the the count of bullying, vilification and diminishing other leaders with 44 finding her innocent.

The lawmakers were almost equally divided on the charge of making illegal appointments and usurpation of statutory powers. Twenty senators found her guilty on this charge, with 27 upholding her innocence.

On the charge of Contempt of Court, only three Senators found her guilty while 44 voted in her favour.

On the outrageous count of illegally naming a public road after her husband, four Senators found the charge as a substantial ground for her removal while 43 rejected the charge.

Only 10 Senators found her guilty of Contempt of the County Assembly with 27 finding the ground as unsubstantiated.

Senate Speaker Amason Kingi ruled; “The result of the division indicates that the Senate has not upheld any of the impeachment charges. Pursuant to Article 181 of the Constitution, Section 33 (8) of the County Government Act and Standing Order 87 of the Senate Standing Orders, the Senate has failed to remove from office by impeachment Governor Kawira Mwangaza and the Governor accordingly continues to hold office.”

If a majority of all members of the Senate had voted to uphold any of the impeachment charges, the governor would have ceased to hold office, in line with Section 33(7) of the County Government Act.

This comes as the second time the Governor is surviving removal by Meru County MCAs with whom she has been at loggerheads since assuming office.

She was first impeached by the Assembly in December 2022 but an 11-member Senate Special Committee appointed to probe the grounds for her removal said none of the charges levelled against her was proven.

On Wednesday night, before the Senate once again granted her a political lifeline, the Governor had pleaded with the House for forgiveness and a second chance.

Making her final submissions before the legislators cast their votes on her fate, a low-spirited Mwangaza regretted her conduct towards the Members of the County Assembly, MPs and Senators in turn asking them for forgiveness.

“I pray to God to give me more energy and grace…na Mungu anipe kuvumilia kwingi to see the people of Meru happy. The Members of Parliament, our dear Deputy Senator of this House, the MCAs, Deputy Speaker…if I have wronged anyone of you, forgive me,” Mwangaza said.

“I was elected as an independent governor, I know I need MCAs. I have tried my best and still continue to try my best to see that I work with everyone. No one is an angel, I am not an angel each and every one of us has our his or her own weaknesses. It is my prayer to God that the weaknesses that they may have, God will help me so that as we work together as a team and make Meru people happy.”

The post Meru Governor Kawira Mwangaza Survives Impeachment, Again appeared first on KahawaTungu.

Senate Speaker Amason Kingi had on Tuesday evening cautioned legislators against uttering statements on the trial.

“It has been brought to my attention that comments that are prejudicial to the ongoing trial have been made in various social media platforms including X by Kenyans including the public and senior officers,” he said.

“In particular CS Kuria has made several posts criticising the ongoing proceedings.”

Kingi warned that Kuria risked being summoned if he continued to express his views on the matter.

“I, therefore, caution Moses Kuria, Cabinet Secretary in the Ministry of Public Service, Performance and Delivery Management, and all other persons to desist from adversely making utterances whether written or spoken with the conduct of the impeachment process which may prejudice the just and fair disposal of the present matter,” said the Speaker.

The former Gatundu South MP on Tuesday said the charges leveled against Mwangaza did not warrant her ouster.

Kuria said that the the governor’s only grave offence was “looking down on people”.

“I have studied carefully the issues presented against Governor Kawira. The most serious offence is that she does what Kikuyus call Kuangalia watu manyiira. That offence can take you to hell but not to jail . Certainly not a ground for Impeachment,” he posted on X.

I have studied carefully the issues presented against Governor Kawira. The most serious offence is that she does what Kukuyus call Kuangalia watu manyiira. That offence can take you to hell but not to jail . Certainly not a ground for Impeachment

— CS Moses Kuria (@HonMoses_Kuria) November 7, 2023

The CS went on to single out 13 senators who he claimed were being misled.

Senators

1. Aaron Cheruiyot (Kericho)

2. Jackson Mandago (Uasin Gishu)

3. Sigei (Bomet)

4. Sen. Mundigi (Embu)

5. Samson Cherargei (Nandi)

6. Seki (Kajiado)

7. Fatuma Dullo (Isiolo)

8. Abdul Haji (Garissa)

9. Kamau Murango (Kirinyaga)

10. Wahome Wamatinga (Nyeri)

11.…

— CS Moses Kuria (@HonMoses_Kuria) November 7, 2023

Mwangaza will on Wednesday know whether the Senate will uphold or dismiss the charges against her.

The post Senate Warns Moses Kuria Against Commenting on Mwangaza’s Impeachment Trial appeared first on KahawaTungu.

Mwangaza entered the plea on Tuesday at the Senate as her two-day impeachment trial kicked off.

The former Meru Woman Representative is being accused of misappropriating county funds, creating posts without the approval of MCAs, illegally naming a road after her husband, and sending relatives to China to assess cancer treatment equipment without approval.

The Ward Reps are also accusing her of berating them and her deputy, Mutuma M’Ethingia, irregular appointment of some chief officers without MCAs’ approval and creating “traffic marshals” to oversee revenue collection monitoring in Meru town without the approval of the assembly.

Mwangaza is being represented by a battery of lawyers including; Elisha Ongoya, Elias Mutuma, Duncan Okubasu, among others. The assembly is being represented by Dr Muthomi Thiankolu as the lead counsel.

Her case is being heard by a Senate plenary.

Last year, MCAs tabled another motion of impeachment against Mwangaza over gross violations of the Constitution, including nepotism and irregular employment and financial malpractices.

Then, an 11-member Senate committee saved her over lack of evidence.

The post Meru Governor Mwangaza Pleads Not Guilty To Seven Charges appeared first on KahawaTungu.

Justices Jamila Mohamed, Luka Kimaru and Aggrey Muchelule on Friday ruled that the court lacked jurisdiction to consider the embattled county chief’s petition.

The bench noted that it cannot, in the first instance, intervene in the impeachment of the applicant due to the strict timelines provided by the law.

“This Court lacks jurisdiction in the first instance to consider the merits of the applicant’s application which sought Conservatory Orders before the impeachment process has run its constitutional and legal course,” court documents read.

Read: Meru Governor Kawira Mwangaza Unanimously Impeached

The judges noted that should Kawira be impeached, she will have an opportunity to present her case before the senate.

“Even after the Senate makes its decision, the applicant still has the avenue of petitioning the Court for appropriate relief, if the decisions were to go against her. We are, therefore, of the considered view that the applicant’s right to be heard will not be circumscribed,” the three-judge bench ruled.

The former Woman Rep was on Wednesday unanimously impeached.

All 59 MCAs present in the House on voted in support of the motion to remove her from office while 10 others were absent.

Kawira was impeached over alleged misuse of public funds, gross misconduct, and contempt of the county assembly and court among other charges.

The post Appellate Court Dismisses Petition Seeking to Block Governor Kawira’s Impeachment appeared first on KahawaTungu.