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Impeachment: Kingi fights Governor Kawira Mwangaza

Speaker further informed the court that Ms Mwangaza has irregularly sued him yet he is not vested with power to cast vote and debate on any matter. 

Meru Governor Kawira Mwangaza following the proceedings in court. Photo/Kyoneka Nanengwe

Senate Speaker Amason Kingi on Monday urged High Court Judge Bahati to uphold the impeachment of Meru Governor Kawira Mwangaza.

Mr Kingi argued that it (impeachment process) was proper and within the confines of the law.

Impressing Justice Mwamuye to throw out Ms Mwangaza's petition and allow the decisions of the Senate and Meru County Assembly to prevail, Mr Kingi through his lawyer Eugene Mukele said that the impeachment did not offend the law.

"The Impeachment was proper and within the convenes of the law," said Mr Mukele.

The Speaker further informed the court that Ms Mwangaza has irregularly sued him yet he is not vested with power to cast vote and debate on any matter. 

Mr Kingi wondered why Ms Mwangaza failed to sue the Senate and instead chose to sue him personally.

"The Speaker does not have a voting veto but only regulates debate and makes a final decision after senators arrive at a resolution," Mr Mukele told the judge.

Kingi denied allegations by Mwangaza that she was not given a fair hearing during the Impeachment process at the Senate.

A video to support Kingi's contention that Mwangaza was given fair hearing was played in court showing that she did not taking the stand before the senate to make her final remark.

Ms Mwangaza through her lawyers Elisha Ongoya and Elias Mutuma had claimed that she was not given an opportunity to defend herself before the Senate as chaos erupted disrupting the entire process.

Ms Mwangaza claims 15 senators protested the impeachment process claiming it was unfair as they were not given an opportunity to debate approximately on the motion. 

However Mr Kingi discounted the allegations by 15 senators saying that they were all given ample time to participate.

The speaker also defended the decision to ouster Kawira saying it was not driven by malice or ill will.
This is after Mwangaza had claimed that Kingi had authorisation the publication of a gazette notice a day before senators casted their vote to Impeachment.

" I confirm to this court that the decision to remove Mwangaza was not predetermined," Mukele submitted.

The mover of the motion at the Meru county, Zipporah Kinya through her Eric Muriuki also urged the judge to uphold the Impeachment against Mwangaza who was found guilty breaching five counts draw against her.

Muriuki told Justice Mwamuye that there was no valid court order prohibiting the county assembly and senate from discussing and Impeaching Mwangaza.

" I urge this court to uphold the two decisions to oust Ms Mwangaza for failing to live to the expectations of both the law and discharge of her duties in accordance to the law," Mr Muriuki submitted.

However FIDA lawyer Eunice Lumallas was of a different view saying that the Impeachment of Ms Mwangaza five times is a clear indication that the male leaders do not want her to discharge her mandate as the elected governor of Meru.

Ms Lumallas urged the judge to quash the two decisions and allow Ms Mwangaza to serve the people as per her manifesto and complete her term.

The Council of Governors has also supported the petition by Ms Mwangaza to overturn the senate's decision to impeach her.

They accused the MCAs and the Senate of repeatedly impeaching Ms Mwangaza without giving her an opportunity to serve the people as she promised during her campaigns.

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