BY SAM ALFAN.
The Senate has moved to court seeking to lift an order issued last month, suspending the impeachment of Meru Governor Kawira Mwangaza.
In an application filed under certificate of urgency, the Senate sought for the lifting of the order granted by Justice Bahati Mwamuye, halting the removal of Mwangaza.
“This Court be pleased to review, vary, set aside or discharge the Orders given on 21 August 2024,” seeks the senate.
Justice Mwamuye directed the Speaker of the Senate Amason Kingi to serve Mwangaza and Meru county assembly with the court papers, ahead of the mention of the case on September 17.
Kingi told the court that the order violates the principles of natural justice which provides that parties have the right to be heard before any adverse orders are made against them.
It is his argument that the Senate was not given an opportunity to be heard before the decision was made.
He said the omission of the Senate from the proceedings renders the petition incurably defective.
“It is the Senate of the Republic of Kenya that voted to uphold impeachment charges against Kawira Mwangaza and it therefore follows that only the Senate can answer to issues raised regarding the propriety of the proceedings before the House,” said the senate in the application.
In support of the petition, Speaker Kingi added that it was highly irregular and prejudicial for Mwangaza to omit suing the Senate yet at the same time, seek to enjoy the benefit of conservatory orders.
“The ex parte orders were obtained through non-disclosure of material fact, material misrepresentation of facts and contrary to the Constitution and the County Governments Act, and in the circumstances, the issues existing or arising in this application meet the threshold for the grant of the orders sought in the Application,” said Kingi.
Kingi adds that the court Court further gave open ended timelines that are not indicative as to when the ruling will be delivered or even when the main petition will be heard.
He stated that the orders issued by Justice Mwamuye are far reaching and affect the mandate of the Senate which is not a party to the proceedings.
“The effect of the ex parte orders is that the Senate has been condemned unheard which violates the rules of natural justice,” he submitted.
Senate adds that in any event, order seeking to stop the senate from debating and impeachment motion is incapable of effectuation as the Gazette Notice had already been issued at the time the order was served upon the Senate.
The order had already been overtaken by events as Gazette Notice Number 10351 had already been published, a material fact that Mwangaza failed to disclose to the court.
