Legal ForumExample Category: LSK Kajiado ForumKericho Governor Impeachment Case …Post Reply

Post Reply: Kericho Governor Impeachment Case Heads to Senate

<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 20, 2025, 6:54 am</div><div id="pl-7611"  class="panel-layout" ><div id="pg-7611-0"  class="panel-grid panel-no-style" ><div id="pgc-7611-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7611-0-0-0" 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
			
			class="so-widget-sow-editor so-widget-sow-editor-base"
			
		>
<div class="siteorigin-widget-tinymce textwidget">
	<p dir="ltr" data-pm-slice="0 0 []">The Senate is set to convene on October 8, 2024, to deliberate on the impeachment of Kericho County Governor Erick Mutai, following a resolution passed by the Kericho County Assembly on October 2, 2024. The decision on whether the impeachment proceedings will be handled in a plenary session or through a special committee remains pending, with Senate Speaker Amason Kingi directing senators to determine the approach during the upcoming session. This development marks a critical juncture in the ongoing political saga surrounding Governor Mutai, who faces serious allegations that could determine his political future.</p>
<p dir="ltr">The impeachment motion against Governor Mutai was initiated by Sigowet Ward MCA Kiprotich Rogony and approved by 31 out of 47 Members of the County Assembly (MCAs). The vote, which saw 16 MCAs loyal to the governor boycott the session, followed a heated debate on September 24, 2024, when the notice of motion was formally tabled. The charges against Mutai include gross violation of the Constitution, misappropriation of county revenue, abuse of office, illegal appointments and dismissals, and allegations of indecent conduct. Among the most severe accusations is a claim of sexual misconduct, with Rogony alleging that the governor coerced a woman into non-consensual sexual activity. Additionally, Mutai is accused of leading a mob to seize private land in Kericho town owned by Joseph Kiplangat Kogo, intending to convert it into an unauthorized dumpsite in defiance of a court order and without approval from the National Environment Management Authority (NEMA).</p>
<p dir="ltr">Further allegations point to financial misconduct, including the misuse of county emergency funds and coercing chief executive committee members into making financial allocations for personal use. The motion claims Mutai’s wealth has grown exponentially since taking office, citing his ability to contribute up to Sh1,000,000 in a single harambee as evidence of an opulent lifestyle. Other charges include undermining the County Assembly’s oversight role, engaging in intimidating behavior toward county officers, and creating a hostile work environment through harassment and indecent conduct.</p>
<p dir="ltr">Under Standing Order 80(1)(b) of the Senate and Section 33(3)(b) of the County Governments Act, the Senate has two options for handling the impeachment: appointing an 11-member special committee to investigate the allegations or addressing the matter in a plenary session. A motion to establish a special committee was proposed but failed to pass, leading to the decision to hold the impeachment hearing in plenary on October 14 and 15, 2024. The plenary session will begin with a closed-door pre-hearing meeting at 9:00 a.m. on October 14, followed by a public session at 10:00 a.m., where the Senate’s mandate, rules of procedure, and hearing program will be outlined. The Kericho County Assembly, represented by its legal counsel, will present evidence, followed by cross-examination by Mutai’s defense team, led by lawyer Katwa Kigen. The session will conclude at 7:30 p.m. on the first day.</p>
<p dir="ltr">On October 15, the governor will have the opportunity to present his defense from 9:00 a.m. to 4:30 p.m., followed by closing statements from both sides. Senators will then engage in a two-hour debate from 6:30 p.m. to 8:30 p.m., culminating in a vote to determine whether to uphold the impeachment charges. The outcome will decide whether Mutai remains in office or faces removal.</p>
<p dir="ltr">The impeachment process has not been without controversy. Mutai obtained a court order from Justice Joseph Sergon, prohibiting the County Assembly from proceeding with the impeachment until a petition filed by the governor is heard. The court required all parties to file and exchange responses within 10 days, with oral highlights scheduled for October 15, 2024. Despite this, the County Assembly proceeded with the vote, prompting Mutai’s legal team to argue that the process violated due process. The governor, who did not attend the assembly session, sent his legal team to represent him, further escalating tensions.</p>
<p dir="ltr">Mutai has publicly dismissed the allegations as politically motivated, accusing the County Assembly Speaker, Patrick Mutai, of bias and orchestrating the impeachment to favor his own political ambitions. In an emotional appeal, the governor asked for forgiveness from Kericho residents, acknowledging potential mistakes in his leadership and urging ward representatives to reconsider for the sake of his family. He has also called for the dissolution of the Kericho County Government under Article 192 of the Constitution, citing a breakdown in relations with the County Assembly that he claims has rendered governance impossible. To support this petition, Mutai announced a countywide campaign to collect signatures from residents, advocating for fresh elections to resolve the political impasse.</p>
<p dir="ltr">This is not the first time Mutai has faced impeachment. In October 2024, a similar motion was passed by 31 MCAs, but the Senate dismissed it on procedural grounds. Mutai’s legal team successfully argued that the County Assembly failed to meet the two-thirds threshold required under Section 33 of the County Governments Act, as only 31 votes were cast instead of the required 32. The Senate, with 34 senators voting in favor of the objection and 10 against, terminated the proceedings, allowing Mutai to remain in office. The current impeachment attempt, however, appears to have stronger support, with the County Assembly securing the necessary votes to move the process forward.</p>
<p dir="ltr">The impeachment trial comes at a time of heightened political tension in Kericho, with Mutai accusing his deputy governor, Fred Kirui, of betrayal and instigating the impeachment probe. The governor has also criticized an Ad Hoc Committee report that recommended disciplinary action against senior county officials, alleging it was manipulated through bribery and political interference. The report flagged irregular payments amounting to over Sh85.7 million during the 2024/2025 financial year, including questionable procurement processes involving 46 companies, concealed payment vouchers, and inflated project costs.</p>
<p dir="ltr">As the Senate prepares to hear the case, the outcome will have significant implications for Kericho’s political landscape and the broader discourse on devolution and accountability in Kenya’s county governments. Mutai’s call for dissolution and fresh elections has sparked debate, with some MCAs, including Majority Leader Philip Rono and Deputy Speaker Cheruiyot Bett, dismissing it as a distraction from the serious allegations. Sigowet Ward MCA Kiprotich Rogony has vowed to serve as the lead witness in the Senate, reinforcing the County Assembly’s resolve to hold the governor accountable.</p>
<p dir="ltr">The special sitting on October 14 and 15, 2024, will also include the swearing-in of Consolata Nabwire Wakwabubi as a nominated senator, adding another layer of significance to the session. As the Senate deliberates, all eyes will be on whether Mutai can once again evade removal or if the charges against him will lead to his ouster, marking a pivotal moment in Kericho’s governance.</p>
</div>
</div></div></div></div></div></blockquote><br>

Cancel

Legal Forums

Post Reply: Kericho Governor Impeachment Case Heads to Senate

Recent Posts

Crisis at Kenyatta National Hospital: Senators Demand Action on Overcrowding and Security Failures

Court Orders Equal Pay for UHC Nurses Amid Absorption Plan