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Njuri Ncheke Council of Elders has said they lack the mandate to rule over an impeachment case against Governor Kawira Mwangaza after the Meru High Court transferred the matter to them for arbitration.

The council secretary general, Josphat Murangiri, told K24 Digital that the determination of the civil case before the court is above their powers.

He added that the elders can only arbitrate if the two parties are willing, according to Article 159 of the constitution of the Traditional Dispute Resolution Mechanism (TDRM), as promoted by the court and tribunal establishment.

“We are hearing there is an order that came from the court today asking Governor Kawira and Members of the County Assembly (MCAs) to appear before the council of elders tomorrow, Wednesday.

“But we are yet to see it and discuss if it is something within our mandates or not because some matters like impeachment are above us since they can only be heard, interpreted, and determined in court,” Murangiri said.

Murangiri further added if it was a case of arbitration they did that long ago as directed by the president.

“If it is about arbitration between the two parties, as elders of the Ameru community, we already did that a long time. So we will give our directive after we see and read the orders now; there is nothing much we can say,” Murangiri added.

Court order

In the ruling dated Monday, July 29, 2024, Meru High Court Judge, Justice Phogon Kassam, directed Governor Kawira, the MCAs, and their lawyers to appear before the elders on Wednesday, 31, 2024.

Kassan further ordered Njuri Ncheke to also submit a report on a resolution on the earlier mediation reached after the president, William Ruto, requested the council for intervention.

“That Njuri Ncheke supreme council of elders are hereby ordered to submit their resolution or lack of it on the dispute between the parties herein as directed by President William Ruto,” read part of the ruling.

Last week Governor Kawira moved to court to restrain the county wards representative from debating on a fourth impeachment motion against her.

Through her lawyer, Elias Mutuma, the embattled county boss said that the ouster motion is flawed and driven by malice from her political opponents, who are using the house to advance their political agenda.

On Thursday, 25, 2024, Kassan issued an interim conservancy order suspending the debate of the impeachment motion by the MCAs against the governor.

He noted he needed more time, adding the matter was of great public interest after three other impeachment motions have failed before.

Justice Kassan, however, ordered that the court, which was supposed to give a ruling on Monday on the fourth impeachment proceeding against Kawira, will do so on August 20, 2024.