The Kenyan Senate has dismissed a bid to stop the impeachment process against Kericho Governor James Kipkosgei Mutai, despite objections from his legal team over the credibility of the County Assembly’s vote.
During Wednesday’s morning session, Governor Mutai’s lawyers, led by Senior Counsel Katwa Kigen, argued that the impeachment process was fundamentally flawed. Kigen contended that the County Assembly’s vote could not be independently verified and questioned whether it met the constitutional requirement of a two-thirds majority.
“The voting system does not demonstrate that a lawful process took place. It lacks credibility and falls short of the constitutional threshold. We urge this House to reject the Motion in its entirety,” Kigen said.
Prosecuting counsel, led by Elisha Ongoya, countered, insisting that due process had been observed and urged the Senate to proceed with the trial. The disagreement led to a temporary impasse in the proceedings.
Speaker Ken Lusaka, presiding over the session, ruled in the afternoon that the Senate would continue with a full hearing, stating that halting the process at this stage could set a dangerous precedent. “Stopping the process at this stage will set a dangerous precedent if the Senate conducts impeachment proceedings and votes on charges on grounds that no lawful impeachment was undertaken,” Lusaka said.
He clarified that the Senate would first establish whether the County Assembly met the constitutional threshold, specifically whether at least two-thirds of its members supported the impeachment motion. Only after confirming this number would the Senate proceed to examine the charges against Governor Mutai.
“The Senate shall determine the disputed facts prior to making a determination on the impeachment charges,” Lusaka said. “If the Senate finds that the two-thirds threshold of 32 MCAs was not met, the proceedings will terminate. However, if the threshold was met, the Senate will proceed to determine whether the impeachment charges are substantiated.”
The impeachment motion, tabled by a section of MCAs, accuses Governor Mutai of gross misconduct and abuse of office, specifically citing irregular procurement and mismanagement of public funds amounting to Ksh85 million. Mutai has pleaded not guilty to all three charges during the initial phase of the trial.
The Senate’s next session will focus on verifying the County Assembly vote, a step that will determine whether the impeachment process against Governor Mutai continues or is halted.
