Senate upholds Kawira Mwangaza's impeachment in late night session

Senate Speaker Amason Kingi announced that, following the resolution of the house upholding the Mwangaza's impeachment, the governor will no longer hold office.

The Senate upheld the following impeachment charges:

Charge 1: Gross violation of the Constitution and other laws

Charge 2: Gross misconduct

Charge 3: Abuse of office.

"Honorable Senators, pursuant to Article 181 of the Constitution, Section 33 of the County Government Act, and Standing Order 86 of the Senate Standing Orders, the Senate has resolved to remove Governor Kawira Mwangaza from office by impeachment. The governor accordingly ceases to hold office. Thank you," Speaker Kingi declared.

How Senators Voted

The voting for the impeachment of Kawira Mwangaza was done electronically.

Charge 1: Gross Violation of the Constitution

1. Ayes: 26
2. Nays: 4
3. Abstentions: 14

Charge 2: Gross Misconduct

1. Ayes: 26
2. Nays: 2
3. Abstentions: 14

Charge 3: Abuse of Office

1. Ayes: 27
2. Nays: 1
3. Abstentions: 14

Details of the Charges

On the first day of Senate hearings regarding her impeachment, Governor Mwangaza dismissed the three charges against her, which include gross violation of the Constitution and other laws, gross misconduct, and abuse of office.

In the first charge, Governor Mwangaza was accused of grossly violating Articles 10(2), 27, 41, 47, 73, 232, 235, 236, and 251 of the Constitution.

She is also accused of breaching the Public Officer Ethics Act (2003), the Leadership and Integrity Act (2012), the County Government Act (2012), the Public Appointments (County Assemblies Approval) Act, the Fair Administrative Action Act, the Meru County Investment and Development Corporation Act, and the Meru County Revenue Board Act.

The Meru County Assembly accused Governor Mwangaza of illegally revoking the appointment of CPA Virginia Kawira Miriti as Secretary/CEO of the Meru County Public Service Board without a vote of at least 75% of County Assembly members, thus usurping the powers of the County Assembly in violation of Sections 58(4) & (5) and 59A of the County Governments Act.

Additionally, she was blamed for failing to appoint the Chairpersons of the Meru County Revenue Board, Meru Microfinance Corporation, Meru Youth Service Board, and the Meru County Investment and Development Corporation Board, as required by law.

This failure resulted in the non-operationalisation of these boards and/or illegal appointments without vetting and approval by the County Assembly, contrary to Section 4 of the Public Appointments (County Assemblies Approval) Act.

Furthermore, the Meru County Assembly accused Governor Mwangaza of illegally dismissing Dr. Ntoiti (CEO of the County Revenue Board), Paul Mwaki (CEO of the Liquor Board), Kenneth Kimathi Mbae (Managing Director of Meru Microfinance Corporation), and Joseph Kithure Mberia (CEO of MEWASS).

In the second charge, Governor Mwangaza was accused of misleading the public by falsely claiming that Sh86 million had been raised through Paybill number 247247 Account Number 0400163917899 after the murder of Daniel Muthiani alias Sniper, when only Sh286,516. was actually raised.

This is alleged to be a violation of the moral and ethical standards expected of State Officers.

In the third charge, the Meru County Assembly accused Governor Mwangaza of irregularly paying emergency call allowances to 161 doctors and medical officers at incorrect rates, leading to excessive payments of Sh 74.34 million.

She was also accused of using a manual payroll to pay personnel emoluments amounting to Sh102.94 million (3.1% of personnel emolument costs).

The Members of the County Assembly criticised the governor for employing an inflated workforce of at least 111 personal staff in her office, significantly increasing the wage bill by over Sh500 million, which amounts to 49% of the annual revenue allocation—well beyond the 35% limit.

Additionally, she was accused of continuing to pay Kiambi Christus Manyara, a Public Communication Officer in her office, his full salary and benefits while in remand and despite being accused of murder, contrary to Section 4.2 of the Public Service Commission Discipline Manual for the Public Service.

Legal Defense and Proceedings

Governor Mwangaza assembled a legal team of six advocates to defend her.

Leading her defense were lawyers Elicha Ongoya and Elias Mutuma, supported by Bridah Kimathi, Robert Mutembei, Edgar Busienga, and Collins Mwenda.

During Monday’s and Tuesday’s proceedings, which extended late into the night, Governor Mwangaza strongly refuted all charges brought against her by the Meru County Assembly.

The Meru County Assembly initiated its case by calling four witnesses to testify. The first witness was Hon. Zipporah Kinya, the Member of the Meru County Assembly who originally moved the motion for the Governor's removal.

In a stern warning, Hon. Kinya declared, "We will impeach the governor as many times as needed until she embraces good, transparent, and accountable governance that meets the needs of the people of Meru."

Subsequent witnesses included Irene Kawira, widow of deceased Meru blogger Daniel Muthiani (alias Sniper), Linda Kiome, a former legal advisor to Governor Mwangaza, and Jacob Kirari, the Meru County Assembly Clerk.