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In a dramatic twist, the High Court has issued a stay on the Senate's decision to impeach Governor Kawira Mwangaza, granting the embattled county leader a crucial reprieve.

The legal battle over Mwangaza’s impeachment is poised to be protracted, potentially straining the already tense relations between the governor and the Meru Assembly MCAs.

As a result of the court’s ruling, Deputy Governor Isaac Mutuma will remain sidelined and will not assume office until the court resolves the matter.

The Court's stay halts the Senate's resolution, pending a comprehensive review of Mwangaza's challenge against her removal. The ruling came just hours after Senate Speaker Amason Kingi had swiftly issued a gazette notice confirming Mwangaza’s impeachment, effectively declaring her position vacant.

Despite the Senate’s late-night session, where the resolution to impeach Mwangaza was finalized, the gazette notice was dated August 20 and published on August 21.

Legal experts assert that with the suspension in place, Mwangaza will continue in her role as Meru governor until the High Court makes a final determination.

“The High Court has suspended the decision of the Senate to impeach the Governor of Meru. Kawira Mwangaza remains governor,” stated Constitutional lawyer Peter Wamanya on X.

Mwangaza’s decision to contest her ouster at the High Court has set the stage for a potential extended legal confrontation involving the Senate and Meru County Assembly, which may test the procedural and legal frameworks.

The Meru Assembly MCAs had voted on August 8 to impeach Mwangaza on three charges, a verdict subsequently upheld by the Senate in a late-night session. The Senate’s approval required Mwangaza to garner the support of at least 24 senators, but 26 senators voted to confirm each of the three charges.

The first charge, gross violation of the Constitution and other laws, was confirmed by 26 senators, with 4 opposing and 14 abstaining. The second charge followed a similar pattern, with 26 senators in favor, 2 against, and 14 abstaining. The third charge, abuse of office, saw 27 senators voting in favor, 1 against, and 14 abstaining.

“The Senate has resolved to remove from office by impeachment Hon. Kawira Mwangaza, the Governor of Meru County, and the Governor accordingly ceases to hold office,” Speaker Amason Kingi declared following the vote.

However, the High Court's intervention has forced Meru MCAs to revisit their plans, as the legal proceedings are expected to be lengthy. Judge Bahati Mwamuye of the Milimani High Court has scheduled a mention of the case for September 17.

"I am satisfied that the application raises constitutional, legal, and factual issues that meet the threshold for immediate intervention by this court by issuing ex parte interim orders," the judge commented.

Additionally, the court has restrained Speaker Amason Kingi from publishing a vacancy declaration for the governor's position in the Kenya Gazette. This restriction came too late to prevent the gazette notice from being issued, technically leaving the Meru seat vacant until the High Court's suspension is enforced.

Through her attorney, Elias Muthuma, Mwangaza has argued that the Senate denied her a proper debate on the motion and that several members abstained from voting in protest. She contends that the Senate reintroduced charges previously deemed unsubstantiated, and that there was a rush to remove her from office.

“There has been an urgency to remove me from office and install another person, which may be done hurriedly to frustrate me. That's why this application should be heard urgently,” Mwangaza said.

Past instances show the High Courts stepping in to overturn impeachments upheld by the Senate. For example, in February 2022, the Meru High Court reversed the impeachment of Wajir Governor Mohamed Abdi Mohamud, citing a lack of public participation during his impeachment.

Similarly, in 2020, the High Court reinstated retired Embu Governor Martin Wambora after ruling that his impeachment process was flawed. Wambora’s reinstatement followed a court ruling nullifying both the Senate and Embu County Assembly’s impeachment decisions.

The recent impeachment of Mwangaza marks the fifth instance of a governor being successfully removed by the Senate since devolution began. Previous cases include Nairobi’s Mike Sonko, Kiambu’s Ferdinand Waititu, and Wajir’s Mohamed Abdi, with Mohamud and Wambora later reinstated by the courts.

On Tuesday night, 14 Azimio senators abstained from voting on the impeachment charges against Mwangaza, effectively sealing the governor’s fate and ending her political career for now.