The third devolution has been a disaster for the people of Meru and the nightmare does not seem to be over yet.Firstly, leaving aside the minor issue of who rightfully sits as Governor of Meru.
On 20 August 2024, the Senate exercised its constitutional powers to remove the Governor from office following impeachment by the Meru County Assembly. On the 21st, the Governor obtained a protective order in the Meru High Court staying all proceedings conducted pursuant to the Senate decision.
A Lt. Governor would have to be a legal wizard to find a loophole to sneak into the Governorship. One of the obstacles for a Lt. Governor is that Section 74 of the Constitution requires him to take an oath before assuming the office of Governor or discharging the duties of a Governor.
In the good old days when the law of the jungle ruled, lawmakers were sworn in by 6 a.m. on the 21st. Fortunately, the law now forces them to behave in a more civilized way.
The Gubernatorial Inauguration Act sets the date for taking such an oath, which is the first Thursday on the 10th day following the publication of the Impeachment Bulletin.
This point was reinforced by the High Court ruling in Petition No. E009 of 2021 on the Impeachment of Wazir that the hasty swearing in of the Lt. Governor was illegal. His Excellency Rev. Messigear should therefore sit tight and wait until the law paves the way.
That issue aside, our concern is the people of Meru. Any county that experiences the kind of abuses that are happening in Meru pays a very heavy price.
Little progress has been made as budgets have been rejected, civil servants have been threatened with dismissal from their jobs, and there is a general state of insecurity that is inconsistent with any progressive development. Impeachment should therefore only be undertaken in extreme circumstances.
Now, apart from what was presented in the Senate, I have no idea if Governor Cahuila has committed any unforgivable misconduct. Only her accusers truly know why they have been lambasting her for the past two years.
What I do know is that what has been presented in the three impeachments falls just short of the standard required for a constitutional impeachment.
Because impeachment is an affront to democratic rights, the Constitution provides that only the most egregious acts are grounds for impeachment.
The Constitution’s language speaks of “serious” violations of law, “serious” grounds for belief, or “serious” misconduct.
The Constitution recognizes that a governor may commit fundamental violations of law or misconduct in the performance of his duties. The law assumes that there is a way for such conduct to be censured.
Impeachment is an act by a few elected lawmakers to overturn the will of the people expressed through elections, so the reasons must be extremely serious.
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Still, the law requires that public participation be sought to ensure that legislators’ wishes are in line with the “righteous cause.”
I therefore pray that the court will examine the grounds of impeachment and quash the impeachment if it finds them untenable.Having said this, I must with utmost humility admonish His Excellency Governor Kawira Mwangaza.
Mr Governor, you are a brilliant politician. As an independent candidate and as a Meru woman, you have “defeated” Meru giants Kiraitu Murungi and Peter Munya. The skills you have honed over the years must now be fully focused on resolving this issue as the court has allowed you to remain Governor for some time to come.
You now know that you will be attacked for being a female governor in a heavily male-dominated community, for having problematic state legislators, for having powerful opponents vying for your seat. These realities are an inevitable part of high-octave politics.
You have not come this far through incompetence. Contextualize your political skills. Avoid unnecessary miscalculations. Anticipate and impose solutions to foreseeable challenges. You owe it to the great people of Meru who gave you the honor of leading them despite the difficult options presented to you.
-The writer is a High Court lawyer