Overview:
The Ngardmau State Legislature has doubled down on its ouster of Governor Jennifer Ngiraiwet, issuing a sharp rebuke against claims of unlawful interference. Following a court-mandated procedural reset, legislative counsel James W. Kennedy argues that Ngiraiwet's second impeachment is fully valid, demanding she immediately surrender state property and cease executive operations.
By: L.N. Reklai
KOROR, Palau (Oct. 8, 2026) — An attorney representing the Ngardmau State Legislature has rejected claims that lawmakers are improperly interfering in state government operations, asserting in a formal letter that ousted Governor Jennifer Ngiraiwet was lawfully impeached for a second time and must immediately surrender state property.
In an Oct. 6 letter addressed to Ngiraiwet’s attorney, Johnson Toribiong, legislature counsel James W. Kennedy pushed back against allegations made by Toribiong on Oct. 2 that Speaker Miozawa was meddling with executive operations.
Kennedy called Toribiong’s claims “both factually and legally inaccurate,” arguing that the legislature properly addressed procedural defects identified in a recent court ruling before voting once again to impeach the governor.
The dispute stems from a Sept. 16 Appellate Division decision that voided an earlier impeachment vote on procedural grounds, holding that fundamental fairness requires lawmakers to give public officials notice and an opportunity to attend removal proceedings.
While the court ruled in Ngiraiwet’s favor, Kennedy emphasized that lawmakers provided notice to both Ngiraiwet and Toribiong—both in open court and via email—that a legislative session would be held the evening of Sept. 16 to consider a new impeachment resolution.
Kennedy stated that the resolution was identical to the prior one, disputing claims that Ngiraiwet did not receive a copy beforehand. He added that Ngiraiwet was informed through counsel of her rights to appear with legal counsel, testify, call witnesses, present evidence, or request other constitutional process.
Neither Ngiraiwet nor Toribiong attended the session, though Ngiraiwet’s spouse and approximately two dozen supporters were present. Citing case law (Ngirmekur v. Office of Palau Election Commission), Kennedy argued that an official who chooses not to attend an impeachment session waives the right to object to the process.
“Under the clear text of the Constitution of the State of Ngardmau, your client was impeached,” Kennedy wrote, questioning why Toribiong has not sought a court order affirming Ngiraiwet’s status if he believes she remains governor.
Kennedy called on Ngiraiwet to immediately return all state property, cease damaging office property, and stop instructing state employees to disobey Acting Governor Miozawa. He warned that Ngiraiwet no longer holds lawful authority to spend state funds, conduct personnel actions, or handle timesheets, adding that anyone cooperating with her actions could face personal liability.
Regarding ongoing controversies surrounding S4 Construction—which formed part of the basis for the impeachment allegations—Kennedy urged Ngiraiwet to either seek relief through the courts or file a nomination petition with the Palau Election Commission to run in the upcoming special election.
Copies of the letter were distributed to Special Prosecutor Tamara Hutzler, Bureau of National Treasury Director Gail Rengiil, Bank of Hawaii, the Ngardmau Council of Chiefs, state vendors, and all state employees.