Senate to debate Governor Mutai’s impeachment in plenary session on October 14

The Senate will probe the impeachment of Kericho Governor Erick Mutai during a plenary session set for October 14 and 15, 2024.

This follows the failure of a motion to establish an 11-member special committee to investigate the governor.

The decision on the governor's impeachment will now be made in plenary after Senators rejected the proposal for the investigative committee.

“Whereas pursuant to article 181 of the constitution and section 33 of the County Governments Act, on Wednesday, October 2, 2024, the county assembly of Kericho approved a motion for the removal from office by the impeachment of Erick Mutai, governor of Kericho county. The senate resolves to constitute a special committee to investigate the proposed removal from office by impeachment of Erick Mutai,” reads the motion.

The accusations against Mutai include gross violation of the Constitution and other laws, misappropriation of county revenue, illegal appointments and gross misconduct.

In detailing the allegations, Speaker Amason Kingi said Governor Mutai is accused of misappropriating county revenue, undermining the county's public finance management system and disregarding the County Assembly's regulations.

It is alleged that Mutai presided over a system that facilitated revenue pilferage, failed to automate revenue collection and ignored the valuation roll established by the assembly, resulting in substantial revenue losses.

Additionally, he is said to have used county emergency funds improperly and coerced chief executive committee members into making financial allocations for personal use.

“He exhibits an opulent lifestyle since he was elected where his wealth has grown exponentially to an extent that he can afford to contribute up to Sh1,000,000 in a single Harambee,” reads one of the charges.

Mutai is also charged with illegal appointments and dismissals, as well as undermining the County Assembly's oversight role.

He allegedly appointed individuals without following proper procedures and attempted to dictate timelines for the Assembly's oversight activities.

The governor further faces accusations of publicly disparaging individuals, illegally invading private land, and engaging in intimidating behaviour toward county officers.

There are claims of indecent conduct, harassment, and creating an atmosphere of fear among county employees.

Kingi emphasised the importance of the Senate's investigation, stating that “the decision will be guided by the evidence presented.”

He referenced Standing Order 80 (1)(b) of the Senate and Section 33 (3)(b) of the County Governments Act, which allows the Senate two options: to appoint a special committee to investigate or to handle the matter in plenary.

The outcome of the motion to establish a special committee will determine the path forward for the Senate’s investigation.

Mutai was impeached after 31 MCAs out of 47 voted in favour of the motion sponsored by Sigowet Ward MCA Kiprotich Rogony.

A notice of motion to oust the county boss was formally tabled at the county assembly on September 12.