Kericho Governor Erick Mutai’s impeachment moves forward despite court order
The Senate has officially received the Kericho County Assembly’s resolution to impeach Governor Erick Mutai, despite court orders to halt the process.
Dr Mutai is accused of gross violation of the Constitution, abuse of office and gross misconduct in an impeachment motion tabled by Sigowet Ward MCA Kiprotich Rogony.
However, the governor secured a High Court order preventing the Senate from receiving the resolution after the county assembly voted to remove him from office on October 2.
On Thursday, Senate Speaker Amason Kingi confirmed that he had received documents from the Kericho County Assembly on the proposed removal of Governor Mutai.
“I have received documents from the County Assembly of Kericho on the proposed removal from office by impeachment of Dr Erick Kipkoech Mutai, the Governor of Kericho County,” he said.
Mr Kingi added that at the appropriate time, he would communicate the message of the resolution to the Senate and outline the necessary action to be taken.
This impeachment is the sixth case of a governor facing removal in the 13th Parliament.
The speaker cautioned senators against discussing the matter in public, warning that it could prejudice the outcome of the petition.
“During the pendency of the matter in the Senate, I wish to caution senators to desist from publicly commenting on the merit and demerits of the matters as doing so would amount to anticipation of debate, which in itself is an infringement of Standing Order number 99 of the Senate. It would also amount to gross disorderly conduct within the meaning of the Standing Order 122 (1) of the Senate Standing Orders,” Mr Kingi stated.
Meanwhile, Justice Joseph Sergon of the Kericho High Court directed that Dr Mutai continue performing his duties until his petition is heard and determined.
“An order is hereby issued for the petitioner to retain, hold, serve and discharge all functions of the Governor, Kericho County Government” Justice Sergon said in the orders issued on Thursday.
The High Court issued interim orders restraining the Assembly from transmitting the resolutions to the Senate. It also restrained the Senate from receiving and acting on the resolution from the County Assembly.
A total of 31 MCAs voted in favour of the impeachment while 16 boycotted the session, even as it emerged that the governor had also obtained orders barring the assembly from proceeding with the hearing and voting on the matter.
On Tuesday, Justice Sergon issued orders restraining the County Assembly from proceeding with the impeachment proceedings until a petition filed by the Governor is heard and determined.
The Kericho County Assembly, the Kericho County Assembly Speaker and Mr Kiprotich Rogony (the mover of the motion) are named as respondents in the case. The judge ordered the parties to file and exchange their written submissions within 10 days of the date of service of the respondents’ replies.
He set October 15, 2024 as the date for the parties to make oral submissions to the Court.
Dr Mutai did not appear in person at the County Assembly chambers to defend himself against the charges but chose to send two lawyers – Katwa Kigen and Manase Tunen.
Mr Kigen argued that the County Assembly and Speaker were duly served with the orders, but they have defied the court directives.
“As a result of the court orders, we will not proceed as that would be contemptuous and we will cite (for contempt) anyone who does not respect the orders of the court,” he said.
After making their presentations in the chamber, the two lawyers were excused by the Speaker from the remainder of the proceedings in the house.
“Mr Speaker, we suspect that you are punishing us for raising the objections (against the proceedings),” Mr Kigen said as he and Mr Tunen rose to leave the chamber as directed.
Mr Rogony said the governor had the opportunity to defend himself against the allegations, but chose not to and instead took the matter to court.
The governor is accused of failing to implement measures, including digitising revenue systems that would help to increase revenue collection.
The MCAs claimed that the Valuation Roll passed in 2019 by the County Assembly had not been implemented by Dr Mutai’s administration, resulting in loss of revenue.
It was further alleged that the actual revenue collected did not reflect what was recorded in the books of accounts.
A day before the governor faced his accusers, the 47 MCAs were summoned to the United Democratic Alliance (UDA) party headquarters for consultations on the standoff, but it has emerged that the meeting was boycotted by the county legislators.
Mr Hassan Omar, the party’s secretary-general, in a letter dated September 30, 2024, summoned the MCAs to a crisis meeting on October 1, 2024.
“The party has been keenly following the development in Kericho County and in particular the issue surrounding the impeachment of the Kericho Governor,” said Mr Omar.
“It is our considered view that the harmony and good order of the county is necessary to enable us deliver on our election pledges… Your insight and contributions are vital for the party’s strategic direction and response to emerging issues.”
The governor also faces accusations of gross violation of the Constitution, 2010 and other laws; acting against the Public Finance Management (PFM) Act, 2012 and the Leadership and Integrity Act; and presiding over an administration that has recorded pilferage of public funds.
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