Meru Governor Kawira Mwangaza has urged the High Court to quash her impeachment arguing that the MCAs and senators discussed her removal when there was a court order prohibiting her ouster.

Her Lawyers Elisha Ongoya and Elias Mutuma revealed before Justice Bahati Mwamuye that the impeachment was a sham and a mockery to justice as it offended a high court order issued by a Meru High Court in July 24, 2024.

“Mwangaza should not have been impeached by the county assembly and the Senate given the existence of a court order halting any impeachment process,” Ongoya told just Mwamuye.

The lawyers said that as a result of the contempt of the court order, senior Meru county assembly officials were last week found guilty of contempt of court and slapped with hefty fines failure to pay they will be thrown into prison for six months.

ferring to the decision of Justice Edward Murithii of Meru High Court, Ongoya told Justice Mwamuye that the Speaker of the County Assembly of Meru, Ayub Bundi Solomon, the Clerk of Meru County Assembly Jacob Kirari, and Zipporah Kinya, a Nominated member of the County Assembly and Deputy Leader of the Majority who moved the impeachment motion while there was an exciting court order have been condemned.

Consequently, justice Murithi fined the three contemnors to pay a fine of Sh100, 000 each or serve six months imprisonment for disobeying the order of the Court made on July 24 2024 by Justice P. Kassan barring any discussion on the removal of Mwangaza.

Ongoya told justice Mwamuye that in bid to defeat justice the MCAs through Kinya withdrew the earlier motion which court had prohibited and introduced a fresh one, which resulted to the ouster of Mwangaza who was elected by a majority vote in the 2022 general elections defeating Former governor Kiraitu Murungi and former Agriculture CS Mithika Linturi.

The lawyer told the judge that the entire motion and the removal was callous and an exercise in futility given that this country is governed by the constitution and the law which must be observed by all.

Further, Ongoya said the finding by the MCAs was forwarded to the Senate for authentication when it was flawed and against the grain of the law.

“In the glaring existence of the court order the entire process of impeaching Mwangaza is wanting and nullity in law,” said Ongoya.

The judge heard that senators under the command of an accomplished lawyer Amason Kingi who is the speaker of the Senate shout their eyes to the court order barring the impeachment went ahead to transact and arrive at an impugned decision.

Ongoya tendered evidence showing that they brought to the attention of the Senate the existence of the court order by the Meru High Court suspending the exercise.

The judge was also told that the impeachment process at the Senate turned chaotic with senators divided on the process.

In abid to prove the unfair process Mwangaza presented three videos showing the chaotic situation at the Senate.

However, an attempt to play the videos in open court was vehemently opposed by Kingi and the senators’ lawyers saying they were not authentic as they lacked a certificate from the author and make.

But Justice Mwamuye declined to have the videos played in open court but said he will view them privately before he renders his Judgement on March 14, 2025.

Mwangaza further faulted the Kingi for preparing a gazette notice a day before senators discussed her conduct and voted her out.

” Your lordship Kingi had on August 20, 2024, prepared a communication and sent it to the speaker of Meru county assembly and to the government press indicating that the Senate had impeached Mwangaza a day before the last vote to seal her fate,” Ongoya said.

The judge heard that the decision to remove Mwangaza was predetermined and a mockery of justice.

Justice Mwamuye dismissed attempts by Mwangaza to also present unauthenticated social media postings from various senators including Nominated senator Karen Nyamu regarding the unfair manner in which The Senate handled the impeachment.

On the other hand, Kingi and the senators defended the decision to impeach Mwangaza saying that they did it within the confines of the law.

They urged the Judge not to disturb their decision to impeach Mwangaza saying it was deserving.