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Post Reply: Kericho Governor Erick Mutai Petitions President Ruto to Dissolve County Government Amid Impeachment Battle

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on August 7, 2025, 9:00 am</div><div id="pl-7416"  class="panel-layout" ><div id="pg-7416-0"  class="panel-grid panel-no-style" ><div id="pgc-7416-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7416-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="1 1 []">In a dramatic escalation of political tensions in Kericho County, Governor Erick Mutai has formally requested President William Ruto to dissolve the county government, citing irreconcilable differences between the executive and the County Assembly. The announcement, made at the county headquarters on August 6, 2025, came hours after a fresh motion to impeach Mutai was tabled in the Assembly, marking the second attempt to oust him in less than a year. This bold move has thrust Kericho into the national spotlight, raising questions about governance, accountability, and the future of devolution in the region.</p>
<p dir="ltr">Governor Mutai, a first-term governor elected under the United Democratic Alliance (UDA) in 2022, has faced persistent challenges since taking office. His administration has been plagued by allegations of gross misconduct, constitutional violations, and financial mismanagement. In October 2024, Mutai narrowly survived an impeachment attempt when 31 out of 47 Members of the County Assembly (MCAs) voted to remove him, but the Senate terminated the process, ruling that the motion failed to meet the two-thirds threshold of 32 votes. The charges then included misappropriation of public funds, abuse of office, and violations of the Leadership and Integrity Act.</p>
<p dir="ltr">The latest impeachment motion, tabled on August 6, 2025, by Sigowet Ward MCA Kiprotich Rogony, reignites these accusations. Rogony submitted a detailed motion to the County Clerk, accompanied by supporting documents and signatures from MCAs backing the initiative. The motion alleges tender irregularities, misappropriation of taxpayer and donor funds, and gross violations of national and county laws. Specifically, it claims that Mutai’s administration paid contractors approximately Sh85 million for services not rendered, contributing to the county’s pending bills of Sh1.1 billion. The motion has been approved by County Assembly Speaker Patrick Mutai for debate, with the governor expected to be summoned to defend himself.</p>
<p dir="ltr">In a defiant address at the county headquarters, Governor Mutai rejected the impeachment motion as an act of “blackmail” orchestrated by Speaker Patrick Mutai and other political adversaries. He accused the Assembly of undermining his administration’s efforts and paralyzing service delivery. Citing Article 192 of the Constitution of Kenya, which allows the President to suspend a county government under exceptional circumstances, Mutai announced his intent to pursue a constitutional petition for dissolution. He argued that the ongoing conflicts between the executive and the Assembly have rendered governance untenable, necessitating fresh elections to let the people of Kericho decide their leadership.</p>
<p dir="ltr">To bolster his case, Mutai revealed plans to mobilize countywide support by collecting signatures from residents to back his petition to the President. “Let’s go for a fresh election and let the people decide who should lead them,” he declared, framing the dissolution as a democratic solution to the impasse. This unprecedented move has sparked debate about its feasibility and implications, as dissolving a county government is a rare and complex process requiring presidential and judicial approval.</p>
<p dir="ltr">Adding to the turmoil, Mutai expressed regret over his choice of running mate, Deputy Governor Fred Kirui, whom he accused of fueling the impeachment push. Kirui, a vocal critic of Mutai’s leadership, recently alleged that the governor orchestrated fictitious payments of Sh80 million to 28 companies for goods and services never delivered, violating procurement laws. Kirui has petitioned the Kericho County Assembly’s Ad Hoc Committee and the Ethics and Anti-Corruption Commission (EACC) to investigate these claims, which he described as “economic crimes against the people of Kericho.” Senator Aaron Cheruiyot has also called for a swift and impartial probe into the allegations.</p>
<p dir="ltr">Mutai, in turn, claimed that Kirui’s actions were disruptive and insisted that any implicated county officials would face consequences. He maintained that he does not condone corruption and is committed to allowing oversight processes to proceed. However, reports suggest that Mutai’s relationship with other county officials, including Chief Officers (COs) and County Executive Committee (CECs) members, has deteriorated. At a crisis meeting allegedly held in Kisumu, COs and CECs reportedly informed Mutai that they would not support him in the current impeachment battle, citing his alleged misuse of funds raised to counter the previous impeachment attempt.</p>
<p dir="ltr">The current crisis is part of a pattern of governance challenges in Kericho County. In July 2025, Mutai was questioned by the Senate County Public Investments and Special Funds Committee over the dysfunctional Kericho municipality, which exists with only one employee despite having 252 approved positions. The committee also flagged irregularities in the Kericho Modern Market project, where Sh164.4 million was paid to contractors despite incomplete work. Additionally, the county’s water utility, Kericho Water and Sewerage Company, has been deemed insolvent, with a negative working capital of over Sh122 million, prompting calls for its overhaul.</p>
<p dir="ltr">Mutai’s first impeachment attempt in 2024 included serious allegations of sexual misconduct, with female employees accusing him of coercive behavior. The governor denied these claims and threatened legal action against his accusers. He also faced criticism for leading a mob to invade private land in Kericho town and for failing to implement a digital revenue collection system, resulting in a revenue shortfall of Sh399 million against a target of Sh1.2 billion.</p>
<p dir="ltr">The impeachment motion and Mutai’s call for dissolution have significant legal and political ramifications. The 2024 impeachment process was marred by controversy, as it proceeded despite a court order from Justice Joseph Sergon barring the Assembly from debating the motion. The Assembly’s defiance of the court raised concerns about the rule of law, and similar issues may arise in the current process. Mutai’s legal team is likely to challenge the motion’s validity, particularly if it fails to meet the constitutional two-thirds threshold of 32 MCAs.</p>
<p dir="ltr">Politically, the crisis highlights the fragility of county governance in Kenya, where tensions between executives and assemblies often disrupt service delivery. Mutai’s call for reconciliation following his 2024 impeachment survival, mediated by then-Deputy President Rigathi Gachagua, has evidently failed to mend divides. Kipkelion East MP Joseph Cherorot has offered to mediate, emphasizing the need for unity to ensure progress in Kericho. However, with Kirui, Speaker Patrick Mutai, and Senator Cheruiyot taking divergent stances, achieving harmony remains a formidable challenge.</p>
<p dir="ltr">The developments in Kericho have drawn attention across Kenya, with residents and analysts closely watching the unfolding drama. The county, known for its tea production and cultural heritage, has a history of turbulent governance, as evidenced by the impeachment attempt against Mutai’s predecessor, Paul Chepkwony. Public sentiment is mixed, with some residents supporting Mutai’s call for fresh elections as a way to resolve the stalemate, while others view the dissolution petition as a desperate attempt to evade accountability.</p>
<p dir="ltr">Nationally, the situation underscores broader challenges in devolved governance, including financial mismanagement and political infighting. The EACC’s involvement in investigating the Sh80 million scandal could set a precedent for addressing corruption at the county level. Meanwhile, President Ruto’s response to Mutai’s petition will be closely scrutinized, as it could influence perceptions of his administration’s commitment to devolution and accountability.</p>
<p dir="ltr">As the Kericho County Assembly prepares to debate the impeachment motion, all eyes are on Governor Mutai’s next moves. The Assembly’s Business Committee will schedule the debate, during which Mutai will have an opportunity to defend himself. If the motion secures the required 32 votes, it will proceed to the Senate for a final decision. Concurrently, Mutai’s petition for dissolution and his signature-collection campaign will test the will of Kericho’s residents and the legal framework governing county suspensions.</p>
<p dir="ltr">For now, Kericho County remains at a crossroads, with its leadership mired in conflict and its residents yearning for effective governance. Whether through impeachment, dissolution, or reconciliation, the resolution of this crisis will shape the county’s future and serve as a litmus test for Kenya’s devolved system.</p>
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