Live blog: Governor Erick Mutai’s impeachment trial enters third day

ICT expert Job Ogun Obuya takes the stand as a witness, says he did a cybersecurity audit on the county's voting system and discovered breaches and loopholes.

"[To the Senators] the first issue that I have highlighted is the multifactor authentication, the second is the lack of Cloudflare or a dynamic naming system or proxy to protect the system from people knowing where it is located or where it is hosted. This is just to divert cyber attacks," said Obuya.

Screengrab of ICT expert Job Ogun Obuya.

Senator Eddy Oketch avers that if Ednah Chepkirui Tunoi does not appear, the Senate could expunge her testimony in both cases.

Screengrab of Senator Eddy Oketch.

Senator Cherargei speaks, says it is in the best interest of the Senate, Kericho County, the governor, and other assemblies across the country, for Ednah Chepkirui Tunoi to appear and explain why she swore affidavits supporting both parties.

Screengrab of Senator Cherargei.

Katwa Kigen responds to Khalwale about Ednah Chepkirui Tunoi, saying he cannot summon her to testify after the assembly earmarked the MCA as their witness.

"We just don't have her," said Kigen. "The last person with her was the county assembly."

Senator Khalwale rises to draw the Senate's attention to the assembly and Mutai's volume of documents, where in both incidents, there is a witness, Ednah Chepkirui Tunoi, who has sworn to support the county and the governor. "We would like to hear this witness on how she is supporting both sides in the same case," said Khwalwale.

Screengrab of Senator Khalwale.

Lawyer Katwa Kigen, "When you don't vote, what kind of vote is it? Is it supposed to be reflected in the tally?"

Nominated MCA Chepng'enoh Gabriella Langat: "If any member does not cast his or her vote, the vote is deemed to have abstained and is not captured in the assembly votes.

"Do the votes tallied and presented before the Senate reflect your abstained vote?"

"No, it doesn't," answered Chepng'enoh.

Nominated MCA Chepng'enoh Gabriella Langat.

Tense exchange as lawyer Elisha Ongoya cross-examines witness, Kabyanga Ward MCA Dominic Mutai.

"It is your case that this is the first time that this case was being used in the assembly," posed Ongoya.

"But you already knew it had been manipulated?"

Mutai, "We did not."

"You remember the governor's advocate, Kigen, saying your vote had already been manipulated?"

Screengrab of lawyer Elisha Ongoya.

"Yes, I remember," answered Mutai.

Ongoya: "This was well before the vote was taken... Now you have seen the results of the vote; they show you did not vote.."

Mutai, "Can I explain?"

"No, no, you can't explain. Those results showed you did not vote."

"You stand by the contents signed by 18 MCAs?" lawyer Katwa Kigen to nominated MCA Winny Lang'at. "Yes"

"Why didn't you vote?"

"There was an introduction of electronic voting, which I was not conversant with and have never been trained in," she said.

Screengrab of Nominated MCA Winny Lang'at (left).

Kapsaos MCA Paul Bii speaks on a special sitting ahead of voting on the impeachment motion, saying he did not vote in the impeachment proceedings.

"The reasons I did not vote are that prior to that day, while we were away, we overheard that there were electronic gadgets which were introduced in the assembly on the night of voting, which raised concerns."

Kigen: "Is your decision to abstain captured in the [Hansard] data shown?"

"No," said Bii.

Screengrab of Kapsaos MCA Paul Bii.

Witness, Soin Ward MCA Norman Kipsigei Rop, confirms cosigning an affidavit alongside 17 others, indicating they did not vote.

Screenshot of Norman Kipsigei Rop.

Senator John Methu, "This link that was sent for you to vote, was it sent to the phone that you have there or the phone in custody of the PA?"

"It was sent to this one," responded Birir. "I was given by ICT technicians where the voting was conducted."

"Did you attempt to open the link?"

Birir, "I left my phone in the car before entering the assembly."

Prof Tom Ojienda, "Witness, you said you do not operate any of your gadgets, correct?"

I operate this generic one, my PA and secretary handle the smartphone," said Birir.

"So, is it possible that your PA voted on your behalf?"

"No, they did not," said Birir.

Have they sworn affidavits to confirm they did not vote for you?"

"The voting notification came through this phone (pointing to it)," he answered.

Lawyer Mutuma to Birir: How did Katwa Kigen, on the floor of the Assembly - representing Governor Mutai, know that 18 MCAs were not going to vote?"

"He was in the chamber, on behalf of the governor," responded Birir.

"Had you met the lawyer and the governor earlier to pledge loyalty?"

Birir, "Yes, he was aware that we were not voting."

Amos Kumutai Birir insists he never voted to impeach Governor Mutai.

"I did not vote. I am an old man to lie, I'll tell the truth," said Birir.

MCA Amos Kumutai Birir steps up as a witness at the Senate.

Screengrab of Amos Kimutai Birir.

Senator Khalwale: The Speaker of Parliament has no way of knowing how many MPs have stood - he has to ask the Sergeant at Arms to confirm. Having taken over the power of the Speaker in Kericho illegally, how did you know that 18 MCAs were standing?"

Senator Tabitha Mutinda: "Kigen, how many MCAs were present in the chamber during that day of impeachment. Kibet, you indicated that you are colleagues and friends with Rogony. Have you ever recorded prior conversations you've had? The impeachment was on the 15th, but after eight days, you decided to go to the DCI to record a statement. Why did you take a week? Were you gathering other evidence?"

Senator Mungatana: "When that video was being played, was it before or after the motion on impeachment was passed?"

Senator Eddy Oketch: "County counsel, do you feel from what the Assembly has indicated that what you did was tantamount to putting a question before the chamber? To the witness, other than this issue of electronic voting, which we have other avenues to confirm, do you feel the allegation, including the misuse of funds, is a threshold to impeach the governor?"

In a rebuttal, lawyer Mutuma pressed Bosuben for being among 18 MCAs who signed a joint affidavit confirming they did not vote in favour of the impeachment motion against Mutai.

"Explain to me how that affidavit was signed," asked Mutuma.

"It was signed on the seventh floor of Imarisha Building in Kericho," said Bosuben. "

"You said electronic voting machines were introduced and used without prior notice. Were they?" posed Mutuma.

"I never took time to check, because I was determined not to press or go to any machine," said Bosuben.

Abstention of two MCAs protesting that their decision was not captured brought to light, raising questions about what was registered in the Hansard.

Kigen: "If you voted one after the other, would it have been possible to vote within a second?"

Bosuben, "impossible."

Bosuben indicates 18 MCAs abstained from the vote, avers that if tallied correctly, 29 validly cast their ballot.

He clarifies that his vote was impersonated and alleges that fellow MCA Kiprotich Rogony called him the following day after moving the impeachment motion, declaring that he voted on his behalf.

"... that I just need to go and sign the affidavit that I voted 'Yes'," said Bosuben. "He pledged incentives, Sh200,000, a trip to Rwanda, of which I objected since I had already been promised a trip to Dubai."

Exhibit of the phone conversation played in the Senate...

A snippet of the alleged conversation.

MCA Hillary Kibet Bosuben says that he abstained and did not vote to impeach Governor Mutai.

"I abstained; I had no gadget and never voted," said Bosuben during cross-examination by lawyer Katwa Kigen.

Asked why he didn't, Bosuben alleged fraud, a sinister motive and the introduction of the system in the last minute.

Cheplanget MCA Hillary Kibet Bosuben testifies before the plenary on the proposed removal from office of Governor Mutai by impeachment.

Screengrab of Hillary Kibet Bosuben.

The Senate adjourns until Friday, August 29, 2025, at 9 am.

Governor Eric Mutai's legal team will have two hours and 40 minutes to present evidence of the remaining witnesses, if any.

The County Assembly of Kericho will have one hour and 30 minutes for cross-examination of the witnesses before the House makes its determination on the impeachment motion.

Nominated Senator Karen Nyamu@karennyamunbo: Hon. Cheruiyot, in your submissions, you said that you did not vote because you feared manipulation. Manipulation by who?

MCA Cheruiyot (Kapkugerwet Ward): I left my phone in the car because many people were calling me. I also feared manipulation.

That's why I did not vote for the impeachment of Kericho Governor (Dr.) Eric Mutai.

Nominated Senator Hezena Lemaletian: Hon. Cheruiyot, I would like more clarification on the phone issue. Technology is so advanced lately, such that we have incidences where we have a screensaver which can make you not see what the person sitting shoulder to shoulder with you is typing.

So, how exactly did you know that your 17 colleagues did not vote?

Kakamega Senator Bonni Khalwale: Hon. Cheruiyot, when you were going to school, were you being reminded to carry your pencil and an exercise book?

If that common sense did not make it difficult for you, you always carried it, why do you want me to believe that the speaker or the clerk or somebody is supposed to remind you to carry your gadget so that you can vote?

Senators seek clarifications from MCA Cheruiyot, Governor (Dr.) Eric Mutai's First Witness, at the Senate Chamber during the ongoing impeachment hearing of Kericho Governor (Dr.) Eric Mutai.

MCA Cheruiyot testifies that he is among 18 MCAs who signed a joint affidavit confirming they did not vote in favour of the impeachment motion against Gov. Mutai.

The impeachment hearing progresses as the County Assembly closes its case.

The defence, led by Governor Mutai's legal team, now takes the floor with its first witness: Martin Cheruiyot, MCA Kapkurgerwet Ward.

Advocate Elias Makori, in cross-examination, challenges MCA Cheruiyot, stating he presented a forged document without the authority of his co-deponent, MCA Edna Tonui, in the joint affidavit.

SC Katwa Kigen: You voted for Kibet and called him and told him, "Let me give you Sh200,000 plus Dubai, plus Rwanda so that you swear an affidavit to say you voted."

Witness Rogony: That clip is not me!

SC Katwa Kigen: But the voice is exactly this one, Honourable Rogony. How do you explain that?

Witness Rogony: Counsel, the person who was talking in that clip was a bit drunk. I'm not drunk. I don't even drink!

Senior Counsel Katwa Kigen cross-examines the fifth witness Rogony.

Rogony denies allegations of proxy voting or casting multiple votes on behalf of other County Assembly members.

Rogony testifies that Sh9 million from the Londiani Accident Fund donations meant for victims never reached them.

The fifth witness for the County Assembly, Rotich Rogony (MCA, Sigowet Ward), takes the oath before examination-in-chief.

Rogony was the mover of the impeachment motion at the County Assembly.

Senator Otieno Kajwang: "Four MCAs contested whether they voted or not. Three of them had the same IP during voting. Could you explain how that occurred, and if you are challenged to provide the MAC addresses of the devices they were using, are you able to provide that to differentiate the votes of the three?"

Kajwang added, "I listened in amazement as the council for the county assembly said they copied and pasted logs. In 2017, a similar matter came up before the Supreme Court. It was established that logs cannot be verifiable if not extracted in the presence of both parties. It is, therefore, difficult to admit logs generated by one party, copied and pasted, where counsel admits there are errors."

Screengrab of Senator Otieno Kajwang.

Senator Danson Mungatana, "We are 47 Senators, just as you are 47 MCAs in your county. During voting, we take at least two minutes when the system is running. It is five minutes for you. Your Standing orders allow five minutes, but you had 11 minutes and 44 seconds. What was happening in between? You also indicated you were camping in the system as the administrator. Is this system really foolproof?"

Screengrab of Senator Danson Mungatana.

Kisii Senator Richard Onyonka, "How many people, according to you, voted?"

Bett, "33."

Screengrab of Kisii Senator Richard Onyonka.

Meru Senator Murungi Kathuri: "The expert has alluded to the fact that the system was never tested by the MCAs. Not everybody is an ICT expert. It is today that I am learning Senator Wambua has knowledge in ICT. I thought he was just a journalist. I am an environmentalist. We have a system in the Senate, but we did orientation when the system was installed."

Screengrab of Meru Senator Murungi Kathuri.

Senator Enoch Wambua," Is the IP address assigned to a gadget or to an individual?"

"The first two numbers in the IP address are assigned to the network," said Bett. "The rest are for the gadget.

Screengrab of Senator Enoch Wambua.

Senator Veronicah Maina, " When did you create the electronic voting system?"

Bett: "When the Standing Orders were amended. We were not so fast in creating it... Two days before the voting, it went live."

Screengrab of Senator Veronicah Maina.

Senate Speaker Amason Kingi invites the plenary to question the witness or counsel.

Screengrab of Senate Speaker Amason Kingi.

Bett clarifies the data logs he presented to the Senate...

"Other than what you printed, is the raw data still available on the system, untampered with and uncopied?" asked lawyer Mutuma.

"It is," said Bett.

As to why there were duplications, Bett explained that the mode of copying printing the logs generated the sequencing errors.

"The logs were five pages. So, I had to copy, page by page, and paste into Notepad - that is where the duplications occurred," Bett clarified.

Screengrab of ICT expert Geoffrey Bett.

In defence of the County, lawyer Elias Mutuma took Bett through the Assembly's voting process, demonstrating its resilience and trustworthiness.

Mutuma: "Did the development of this system comply with the policy of Kericho County Assembly?"

"Yes, it did," said Bett.

"You confirm that you were not in chambers during the voting, correct?"

"Yes, I wasn't"

"So if there was voting in the Chambers, it cannot be from you," asked Mutuma.

Bett: "Yes."

Screengrab of lawyer Elias Mutuma.

Bett pressed to explain the duplicitous IP address use during the voting process.

"There is an IP address number 41139237129, an MCA for Kedowa Kamugul voted 'Yes'; that same address appears for Soliat MCA. This IP address appears nine times. On the face of these logs, nine MCAs voted using one gadget, yet only three MCAs were assisted to vote," posed lawyer Peter Wanyama.

"The Chamber has one router, which has a static IP, which we normally use for the livestream. Static IP does not change; the others have dynamic IPs," responded Bett.

Screengrab of awyer Peter Wanyama.

ICT expert, Bett, speaks on the development of the system used to vote.

"You developed the system a day before voting," asked Kigen. "The system came live a day before," answered Bett.

"Do you have a stand-alone policy or manual on the use of that system?"

"We have standing orders," said Bett.

Kigen: "As it were, on the morning of the voting, even the Speaker did not know whether there was a voting system... How come the MCAs knew of the system?"

"Because of the Standing Orders," answered Bett.

"So, the Speaker didn't know of the Standing Orders?" Kigen fired back.

Screengrab of Geofrey Bett.

Governor Mutai's lawyer, Katwa Kigen, takes the ICT expert, Bett, on his affidavit, indicating that only 48 people had access to the system.

"That is the 47 MCAs and the system administrator?" posed Kigen. "You appreciate that our case is that four MCAs were voted for, isn't it? The only other person who could have voted for them, if it was the case, is yourself, Bett... isn't it?"

To which Bett responded, "It can't be the administrator because I was logged in to monitor the voting."

"But you had all the protocols; ID number, password and the username," Kigen fired back.

"Yes..." responded Bett.

Screengrab of Lawyer Katwa Kigen.

Kipng'eno Geofrey Bett, formerly the Chief Officer for ICT, testifies in the impeachment trial over the county's voting process, logs and the assembly's devices leading to Governor Mutai's impeachment.

Screengrab of ICT expert Geofrey Bett.