By Antynet Ford
The Njuri Ncheke Council of elders has said that it lacks mandate to rule over the impeachment of Meru governor Kawira Mwangaza, hours after the high court transferred the matter to them.
Njuri Ncheke secretary general Josphat Murangari told a local media that the arbitration is above their powers.
Murangari said the council can only arbitrate if the two parties (The County Assembly and the executive) are willing as stipulated in 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 explained.
The SG added that they already did an arbitration as requested ealier on by president William Ruto
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.” He stated.
On Monday, the Meru high court judge phogon Kassam directed Kwira and Meru MCA’s together with their lawyers to appear before the elders tomorrow.
In his ruling, Kassan further ordered Njuri Ncheke to 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.” He said in his ruling.
Governor Kawira moved to the court last week 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.
Last week Thursday, 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.
However, he ordered that the court, which was supposed to give a ruling yesterday the fourth impeachment proceeding against Kawira, will do so on August 20, 2024.
