Embattled Kericho Governor Eric Mutai suffered a significant setback after Senate Speaker Amason Kingi rejected his attempt to terminate his impeachment proceedings on technical grounds.
Mutai, who has dismissed the impeachment motion as politically motivated, argued through his lawyers Katwa Kigen and Peter Wanyama that the county assembly failed to meet the constitutionally required two-thirds majority for his removal. He claimed that only 29 members could have lawfully supported the motion, against the 32 needed. The assembly, however, reported 33 votes in favour.
The governor further challenged the integrity of the electronic voting system used, saying it was insecure and open to manipulation. According to him, MCAs logged in using ID and payroll numbers without passwords or verification, enabling impersonation and fraudulent voting. He alleged that in some cases, members who lacked phones or internet access were still counted among those who voted, and even accused the motion’s sponsor of voting on behalf of another MCA.
In dismissing the objections, Kingi ruled that the issues raised involved disputed facts rather than points of law, and could only be determined through evidence and cross-examination. “The real question before us is only the stage at which that question is mature for determination. Since this matter involves contested facts requiring the adducing of evidence, it will be determined by hearing both parties,” Kingi said.
The governor has lined up 18 MCAs as witnesses to dispute the results, while the assembly, represented by lawyer Charles Ongoya, defended the electronic system as legitimate and compliant. Ongoya termed Mutai’s claims “sensationalism,” insisting the alleged anomalies were not evidence of malpractice.
The hearing now proceeds to the evidence stage, where the Senate will establish whether the impeachment vote met the threshold and if the charges against Mutai are substantiated. The governor faces accusations of gross violation of the Constitution, abuse of office, and misuse of county funds. He is alleged to have authorised fictitious payments worth Sh85.7 million for undelivered goods, inflated contracts, and incomplete works, despite Kericho County grappling with pending bills amounting to Sh1.1 billion.
If the threshold is not met, the proceedings will collapse. If confirmed, senators will vote on whether to remove Mutai from office.
