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‘The person you want to impeach doesn’t exist’- Danstan Omari tells Meru MCAs

‘The person you want to impeach doesn’t exist’- Danstan Omari tells Meru MCAs
Meru Governor Kawira Mwangaza during a past event. PHOTO/Kawira Mwangaza/Facebook
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Governor Kawira Mwangaza was a no-show in the Meru County Assembly as members debated the impeachment motion against her on Wednesday, October 25, 2023.

The county boss was represented by a team of seven lawyers led by Danstan Omari in the highly charged session on Wednesday afternoon.

In his submissions, Omari mounted a spirited defence for Mwangaza, saying the motion before the House did not meet the threshold of impeaching a duly elected governor.

The lawyer noted that the Speaker lacked jurisdiction to entertain the matters raised by the MCAs as some of the issues were active in court.

“There is no jurisdiction to entertain this matter because it’s active in the court of law. Do we reconstitute ourselves and close our ears and eyes and see a good case you have against the governor being thrown out at technicalities?” Omari posed.

“Reconsider and let the matters be determined by the relevant courts and bring a proper motion to remove the governor because that is your right. It can not be taken away by anybody. It’s protected by 55 million Kenyans who passed the Constitution of Kenya 2010.”

The advocate further claimed that the person the county assembly wants to impeach does not exist. According to the lawyer, the MCAs used the name of Bishop Kawira Faith Mwangaza in the public participation exercise ahead of the impeachment proceedings.

“Who is that person? You were present when she (Mwangaza) was being sworn in by the Judiciary. There was nobody sworn in by the Judiciary called Bishop Kawira Faith Mwangaza. We have the Judiciary certificates here,” Omari stated.

“You have the deed poll sworn in 2012 on change of names…Public participation was done for a stranger… Are we properly here with the right person being the subject of these investigations?”

The MCAs led by majority leader Evans Mawira Karia have tabled seven counts on grounds to impeach Governor Mwangaza.

The county chief is, among others, accused of misuse of public funds, gross misconduct and contempt of the county assembly and court.

“The governor’s continued stay in office has persistently undermined effective and efficient service delivery and gravely hurt the interests of the people of the County,” Mawira said.

The governor is also facing allegations of nepotism for employing husband’s nephew as the CEO of Meru Youth Service (MYS) and Acting Chief Officer of the Department of Finance.

Further, she is alleged to have taken her relatives on overseas trips using county resources in the guise that they are experts.

She is also accused of misusing county resources including funds and vehicles to run her charity initiative dubbed Okolea, despite promising the Senate to refrain from such operations.

“The governor has, despite a previous impeachment process and warnings from the Senate, persisted in discreditable acts that singly and collectively amount to gross violation of the Constitution, gross violation of various national and county laws, gross abuse of office and gross misconduct,” Mawira stated.

This is the assembly’s second attempt to kick out Mwangaza, through impeachment, after she was saved by the Senate in December last year.

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