The Njuri Ncheke Council of Elders has announced that it lacks the authority to adjudicate the impeachment case against Governor Kawira Mwangaza. This decision follows a Meru High Court ruling that transferred the case to them for arbitration.
Council’s Position on Impeachment
Josphat Murangiri, the council’s secretary general, clarified that their role does not extend to ruling on civil cases, such as impeachments. He explained that their arbitration authority is limited to disputes where both parties are willing to participate, in line with Article 159 of the constitution regarding the Traditional Dispute Resolution Mechanism (TDRM).
“We have heard about a court order directing Governor Kawira and the Members of the County Assembly (MCAs) to appear before us. However, we are yet to review this order to determine if it falls within our jurisdiction,” Murangiri stated. He added that their prior involvement in mediation was completed as directed by the president.
Court Order and Future Proceedings
On July 29, 2024, Meru High Court Judge Justice Phogon Kassam instructed that Governor Mwangaza, the MCAs, and their legal representatives appear before the Njuri Ncheke Council on July 31, 2024. The judge also ordered the council to submit a report on any resolutions or lack thereof regarding the dispute, as requested by President William Ruto.
Governor Mwangaza had earlier sought court intervention to prevent the MCAs from debating a fourth impeachment motion against her, arguing that the motion was flawed and politically motivated. An interim conservancy order was issued by Justice Kassan on July 25, 2024, halting the impeachment debate to allow more time for consideration.
Upcoming Court Ruling
Justice Kassan has scheduled a ruling on the impeachment matter for August 20, 2024. This decision comes after three previous failed impeachment attempts against Governor Mwangaza, underscoring the high public interest and complexity of the case.