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Post Reply: Senate Schedules Three-Day Hearing for Kericho Governor Erick Mutai's Impeachment Trial

<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 22, 2025, 5:18 am</div><div id="pl-7676"  class="panel-layout" ><div id="pg-7676-0"  class="panel-grid panel-no-style" ><div id="pgc-7676-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7676-0-0-0" 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 []">The Senate has announced a three-day special sitting to address the impeachment trial of Kericho County Governor Erick Kipkoech Mutai. The sessions, set for August 27, 28, and 29, 2025, will take place in the Senate Chamber at the Main Parliament Buildings in Nairobi, starting at 9:00 a.m. each day. Senate Speaker Amason Jeffah Kingi gazetted the sittings, emphasizing that the sole agenda will be to investigate the charges against Governor Mutai, following a resolution by the Kericho County Assembly.</p>
<p dir="ltr">The impeachment motion, initiated by Sigowet Ward Representative Kiprotich Rogony, accuses Governor Mutai of gross constitutional violations, abuse of office, and financial misconduct. On August 15, 2025, 33 out of 47 Members of the County Assembly (MCAs) voted in favor of the motion, surpassing the required two-thirds majority. This marks the second impeachment attempt against Mutai, who narrowly escaped removal in October 2024 when the Senate upheld a preliminary objection raised by his legal team, led by lawyer Katwa Kigen.</p>
<p dir="ltr">The charges against Mutai are substantial, centered on allegations of financial impropriety and mismanagement of county resources. A County Assembly Ad Hoc Committee report highlighted irregular payments totaling over KSh 85.7 million during the 2024/2025 financial year. The report flagged questionable procurement processes involving 46 companies, including concealed payment vouchers, inflated project costs, and non-delivery of contracted services. Specific examples include payments for undelivered animal feeds worth KSh 14.9 million, maintenance of 70 houses in Kipkelion West costing KSh 3.9 million, and overpriced items such as sodas at KSh 500 per bottle and tissue paper bales at KSh 3,250.</p>
<p dir="ltr">Further accusations involve the misappropriation of funds under national programs. The report alleges that over KSh 351 million from the National Agricultural Value Chain Development Project (NAVCDP) was diverted, with only 19 of Kericho’s 30 wards benefiting, and many receiving substandard inputs. Similarly, Mutai’s home ward of Chemosot allegedly received KSh 21.7 million under the Financing Locally-Led Climate Action (FLOCCA) Fund, while several other wards were left empty-handed. The governor is also accused of launching the Equalizer Kazi Mtaani Initiative without legislative or budgetary approval, resulting in irregular expenditure of KSh 39 million.</p>
<p dir="ltr">Beyond financial allegations, Mutai faces charges of abuse of office, including nepotistic appointments and unlawful dismissals. He is accused of hiring his brother as a revenue clerk and promoting his aide’s wife as a nurse ahead of more qualified candidates. Additionally, Mutai allegedly appointed a County Attorney despite an existing officeholder, a decision later nullified by the Employment and Labour Relations Court. The motion also cites illegal land invasion in Kericho town, where Mutai allegedly led a mob to demolish private property and designate it as a county dumpsite, defying a court order.</p>
<p dir="ltr">The Senate’s decision to hear the case in a full plenary session, rather than through a special committee, followed the collapse of a motion by Senate Majority Leader Aaron Cheruiyot to form an 11-member committee. The motion failed to secure a seconder, prompting Speaker Kingi to rule for a plenary hearing. Both the Kericho County Assembly and Governor Mutai are required to submit their documents by Monday, August 25, 2025, at 5:00 p.m. The Senate clerk will circulate these materials to senators by Tuesday, ensuring transparency in the proceedings.</p>
<p dir="ltr">Mutai has vehemently denied the allegations, labeling the impeachment process as a politically motivated scheme. On August 15, he dismissed the County Assembly’s vote as rigged, alleging that an electronic voting system was manipulated to predetermine the outcome. He has also accused his Deputy Governor, Fred Kirui, of orchestrating the impeachment by acting as a whistleblower. In a bold move, Mutai announced plans to petition President William Ruto for the dissolution of the Kericho County Government under Article 192 of the Constitution, citing an untenable working environment. He launched a countywide campaign to collect signatures in support of this petition, urging residents to demand fresh elections.</p>
<p dir="ltr">The upcoming Senate hearings are expected to be a high-stakes affair, with Mutai’s political future hanging in the balance. The proceedings will not only determine whether the governor remains in office but also test the Senate’s credibility amid recent claims by President Ruto, who likened the chamber to a “free market” for bribery. Additionally, the special sittings will include the swearing-in of Consolata Nabwire Wakwabubi as a new senator, adding another layer of significance to the sessions.</p>
<p dir="ltr">As the Senate prepares to deliberate, the outcome will have far-reaching implications for Kericho County and the broader political landscape, highlighting the growing role of county assemblies in holding governors accountable. The hearings will be closely watched as a litmus test for transparency and integrity in Kenya’s devolved governance system.</p>
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