Governor Kawira Mwangaza has declined to take to the witness stand to be cross-examined by lawyers representing Meru County Assembly.
Lawyer Elias Mutuma told the Senate Special Committee probing the grounds for her impeachment that compelling Kawira to testify would violate her rights.
“There is no requirement in law that the governor can be forced to testify,” Mutuma stated.
Meru County Assembly lawyer Muthomi Thiankolu had told the committee that his team would have wanted to have the opportunity to expose the gaps in affidavits sworn by Kawira.
Mutuma however stated that Kawira has the right to choose how she presents her evidence.
“We cannot offer the governor for cross-examination. She has not tendered any oral evince before this committee. We risk being accused of violating her rights,” he maintained.
“Even in murder cases, the accused have the right to remain silent if they so wish,” Mutuma further added that Kawira supplied lawyers representing the Assembly with her affidavits and they did not have any objections.
“We indicated the witnesses we intended to rely on and the governor was not one of them. The Chief of Staff who testified before this committee covered all the allegations levelled against the governor,” he added.
Mutuma nonetheless said they are ready to have all other witnesses testify before the committee if time allows.
Mwangaza has pleaded not guilty to all charges that informed her impeachment.
Kawira became the first county boss to be impeached barely three months after being sworn in.
All 67 Members of the County Assembly (MCAs) present during the impeachment session voted to remove her.
