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MEDIA BRIEF: Court allows private prosecution in a case involving insults against former Meru Governor Bishop Kawira Mwangaza

12th June 2025

Reference: MERU MISCELLANEOUS CRIMINAL APPLICATION NO. E172 OF 2024 (H.E. KAWIRA MWANGAZA VS ODPP, DCI, EACC, NCIC & HON LAWRENCE MPURU ABURI MP)

The Meru Chief Magistrate’s Court has permitted Governor Kawira Mwangaza to proceed with a private prosecution against Tigania East MP, Hon. Mpuru Aburi. This development follows a case filed by FIDA-Kenya through lawyer Jemimah Aluda after the MP allegedly used abusive and degrading language towards the Governor in a public meeting.

Governor Mwangaza said the insults targeted her personally and were intended to shame and belittle her because she is a woman in leadership. The incident occurred during a public meeting where the MP allegedly used abusive and degrading language towards the Governor, which was caught on video. Despite these remarks being made in public and caught on video, no action was taken by the police or the Office of the Director of Public Prosecutions (ODPP).

FIDA-Kenya wrote to the ODPP on 11th December 2024, asking them to take action, but no charges were brought forward. As a result, the Governor moved to court seeking to start a private case. In a ruling delivered by Chief Magistrate Hon. Atiang Mitullah, the court agreed that:

  1. 1. The ODPP failed to respond to the Governor’s complaint.
  2. 2. There was an unreasonable delay in taking action.
  3. 3. The words used were directed at a sitting Governor, which made the matter serious.
  4. 4. The video evidence showed the crowd reacting aggressively after the remarks were made.

The court warned that if such matters are ignored, it could lead to lawlessness. The court also found that all legal requirements were met, allowing the private prosecution to proceed.

FIDA-Kenya's Stand

We, the Federation of Women Lawyers in Kenya, believe that the ODPP’s failure to act shows the continuous systemic discrimination against women leaders. FIDA-Kenya will continue fighting for justice for all women and girls in Kenya, especially in cases where state institutions fail to protect them. This case is a step forward in holding public officers accountable and ensuring justice is served for all—without fear or favour.

END

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