FIDA seeks to be enjoined in Mwangaza’s case

By Peter Ochieng

The Federation of Women Lawyers (FIDA) is seeking to be enjoined in a case by Meru governor Bishop Kawira Mwangaza, who is challenging her impeachment by the Senate.

FIDA through its lawyer Eunice Lumallas wants to participate in the case against her ouster, being heard by High Court judge Justice Bahati Mwamuye.

Through advocate Eunice Lumallas, FIDA on Tuesday pleaded with Justice Mwamuye to allow them to participate in the case, terming it an issue of gender-related discrimination and bias in public office.

"The enjoinder of FIDA is crucial as the matter is one of great public interest and specifically in relation to the rights of women in public office," FIDA says in court papers.

On August 08, 2024, the Meru County Assembly impeached governor Mwangaza for the third time, since assuming office in 2022. The motion was moved by Zipporah Kinya, the Deputy majority leader, who cited three grounds, including gross violation of the constitution and other laws, gross misconduct, and abuse of office.

On August 21, the Senate upheld her impeachment, after saving her during the first two impeachment attempts. She subsequently obtained a court order temporarily suspending her removal from office.

The governor through her advocates Elisha Ongoya and Elias Mutuma, said she is not opposed to FIDA's request for enjoinment in the case. Also seeking to come in as interested parties are the Council of Governors (COG), and Jason Rukaria who is a voter from Meru.

However, some of the respondents in the case, among them the Meru County Assembly, are opposed to the joinder, saying they were meant to waste the court's time.

During the virtual proceedings, one Moses typed in the chat saying, "Kindly our court, kindly note Meru we are suffering, kindly let us know why Kawira is still holding office. We haven't had doctors in our hospitals for 60 days now."

The judge asked him to switch his camera and audio on, so that he could explain why he was making such comments when the matter was proceeding.

The judge then issued a warrant of arrest after the user only repeatedly stated his name. He directed DCI officers to electronically and forensically trace the man, arrest him and bring him to court.

Feeling cornered, Moses switched on his camera and started pleading for mercy. "I'm very sorry your honour. I have never been in a court session before.”

He was directed to log in on Wednesday during proceedings, to explain himself.