Former Meru County Governor Kawira Mwangaza has moved to the Court of Appeal challenging the High Court’s decision to uphold the Senate’s impeachment that removed her from office.
In her application, Kawira expressed her dissatisfaction with the entire decision of Justice Bahati Mwamuye in Milimani High Court Constitutional Petition Number HCCHRPET/E429/2024, delivered on March 14, 2025.
“The Applicant, being aggrieved by the said judgment, has swiftly lodged a Notice of Appeal dated the same day, March 14, 2025, and intends to expeditiously pursue an appeal in this court against the entire judgment,” part of the appeal read.
Kawira stated that Judge Mwamuye erred in law and fact by rendering a judgment characterized by legal and factual contradictions and inconsistencies against the weight of the evidence and submissions by the parties.
She argued that the judge failed to assert the implication and determinative nature of the ruling of the High Court at Meru, which found that the impeachment proceedings against her violated a valid court order.
Kawira further stated that, due to this, any subsequent proceedings ought to have been rendered null and void.
“Judge Mwamuye failed to affirm the obvious implication and determinative nature of the ruling of the High Court at Meru in Meru Petition Number E013 of 2024, which found that the impeachment proceedings against the appellant by the Meru County Assembly were in contravention of a valid court order,” the appeal read further.
Notably, Kawira disagreed with Mwamuye’s ruling that the impeachment proceedings conducted by the County Assembly of Meru and affirmed by the Senate of Kenya against her on August 20, 2024, met the threshold set out under Article 181(1) of the Constitution of Kenya, 2010, despite overwhelming evidence to the contrary.
In her 19 grounds of appeal, Kawira seeks that the judgment of Judge Mwamuye, delivered on March 14, 2025, be set aside in its entirety and be substituted with a judgment allowing the Amended Petition dated December 23, 2024.
Additionally, she asserted that Justice Mwamuye erred in law by deliberately failing to appreciate and consider her pleadings, evidence, and submissions.
After the judgment, the Deputy Governor of Meru County was to be sworn in as the substantive Governor of Meru County immediately and, in any case, on or before Thursday, March 20, 2025, by Article 182(2) of the Constitution of Kenya, 2010, as operationalized by the Assumption of the Office of the Governor’s Act, 2019.
Isaac Mutuma was sworn in as the new Governor of Meru County on Monday, March 17, 2025.
