Kericho County Assembly and Governor Erick Mutai have unveiled rival legal teams as the Senate prepares to begin hearings on Mutai’s impeachment trial on Wednesday.
The Assembly, which impeached Mutai on August 15, has appointed a formidable team of 12 lawyers led by prominent advocate Elisha Ongoya, renowned for his role in defending former Deputy President Rigathi Gachagua in his impeachment case. Ongoya, a senior lecturer at Kabarak University and a partner at Ongoya and Wambola Advocates, also boasts experience in defending ex-Meru Governor Kawira Mwangaza during her two successful impeachment battles, as well as in the landmark case that nullified the Building Bridges Initiative (BBI).
Joining Ongoya in representing the Assembly are Kimutai Bosek, Sharon Mibey, Elias Mutuma, Hillary Kiplangat, Brian Langat, Geoffrey Langat, Victor Kibet, Evans Kiplangat, Elvis Kipkorir, Joel Wakhungu, and Vincent Kipronoh. The team will also be supported by four legal officers: Brian Maingi, Ian Kiplangat, Mitchel Mutuma, and Japhet Koech.
The Assembly’s case against Mutai is anchored on three charges gross violation of the Constitution, abuse of office, and misconduct. Senate documents cite allegations of financial mismanagement, nepotism, contempt of court, and illegal appointments. All Kericho MCAs, including the Speaker and senior staff, have been listed as part of the Assembly delegation expected in the Senate.
On the other hand, Governor Mutai has assembled a six-member legal team led by seasoned lawyer Katwa Kigen, who previously represented President William Ruto at the International Criminal Court (ICC). He will be assisted by Peter Wanyama, Rose Thiong’o, Doris Ng’eno, Joash Mitei, and Evanson Kirui.
Mutai’s defense hinges on three preliminary objections, arguing that the impeachment process was unconstitutional, procedurally flawed, and conducted in defiance of a conservatory order issued by the High Court in Kericho on August 14. The order had barred the Assembly from debating or voting on the motion until an inter partes hearing scheduled for August 28.
Mutai contends that proceeding with the impeachment vote despite the court order undermines judicial authority and renders the entire process null and void. The Senate will now have three days to hear arguments from both sides before making a determination on his fate.
