Kericho Governor Mutai's fate hangs in the balance as Senate begins impeachment trial

The Senate is set to begin hearing the impeachment case against Kericho Governor Erick Mutai on Monday, with a detailed schedule outlining the day's proceedings.

The session, which will take place in the Senate Chamber in Nairobi, will determine whether to uphold or overturn the charges brought against Mutai by the Kericho County Assembly.

The day will start with a pre-hearing meeting for senators at 9 am, conducted in a closed session. This hour-long session is expected to allow senators to review the rules of procedure and discuss any logistical matters before the public hearing begins.

At 10 am, the public session will open with preliminaries, where the Senate’s mandate, rules of procedure, and hearing program will be recited. This will be followed by the introduction of the members of the Kericho County Assembly who are representing the Assembly, as well as their legal counsel, if any. Similarly, Governor Mutai and his legal representatives will also be formally introduced.

The reading of the charges against Governor Mutai will take place between 10.30 am and 11 am, setting the stage for the impeachment hearing.

At 11 am, the County Assembly’s legal team will present their opening statement, allocated 30 minutes to outline their case. This will be followed by a 30-minute opening statement from the Governor’s defense team.

From 12 noon, the County Assembly will begin presenting evidence, including any witnesses. The Assembly has been allocated a total of three hours to present their evidence and two hours for cross-examination and re-examination of witnesses.

A lunch break will take place from 1 pm to 2.30 pm, after which the hearing will resume, continuing with the presentation of evidence by the County Assembly until 6.30 pm.

The day will conclude with a one-hour session, from 6.30 pm to 7.30 pm, where senators will have the opportunity to ask questions and request clarifications based on the evidence presented. The hearing will then be adjourned for the day.

Hanging by a thread

Governor Mutai’s political future now rests in the hands of the Senate, as it navigates the complex allegations against him, including abuse of office, misappropriation of public funds, and indecent conduct. The outcome of the hearing could determine whether he remains in office or faces removal.

His impeachment was passed on October 2 by 31 out of 47 members of the Kericho County Assembly, with Sigowet Ward Representative Kiprotich Rogony leading the motion. However, 16 MCAs who supported the governor boycotted the session.

Sigowet MCA Kiprotich Rogony when he moved a notice of motion seeking to remove Erick Mutai Governor Kericho County by impeachment on September 24, 2024. (Photo: Kericho County Assembly)

Among the most serious charges is an allegation of sexual misconduct, where the governor is accused of forcing a woman to engage in non-consensual sexual activity. The accuser reportedly provided evidence to the County Assembly, which is expected to be presented to the Senate.

Rogony, who spearheaded the motion, stated, “The Governor's conduct was scandalous and embarrassing to the high office of the County Governor, an office held in public trust.”

Other accusations include public humiliation of individuals, such as calling Kapkatet Ward Representative Amos Birir "mentally blind and stupid" during a public event on August 23, 2023, and threatening to use a police officer to harass a resident in Londiani.

Mutai is also alleged to have misappropriated funds raised for victims of the Londiani accident, a claim he has denied.

Despite obtaining court orders restraining the County Assembly from proceeding with the impeachment and sending the resolution to the Senate, the orders were ignored. Mutai did not attend the assembly session, opting to send his lawyers, who argued that the court orders had been properly served.

Plea for forgiveness

As his political future hangs in the balance, the governor has asked for forgiveness from the people of Kericho, acknowledging potential mistakes in his leadership.

"As leaders, we carry a heavy cross full of nails. Along the way, we are bound to stumble. I may have made those stumbles, and for that, I ask for your forgiveness," he said during a recent public address.

On Tuesday, October 15, the Senate will conclude the impeachment hearing of Mutai, with a full day dedicated to the governor's defense and final arguments. The proceedings will begin at 9 am, focusing on the presentation of evidence by Governor Mutai and his legal team.

From 9 am to 1 pm, the governor will present his case, with three hours allocated for the evidence, including witnesses, if any, and two hours for cross-examination and re-examination.

This segment will be a critical opportunity for Mutai to refute the charges brought against him by the Kericho County Assembly.

After a lunch break from 1 pm to 2.30 pm, the governor’s team will continue presenting evidence for an additional hour until 3.30 pm. Senators will then have a one-hour session to ask questions or request clarifications on the evidence presented by both sides.

At 4.30 pm, the closing statements will begin, with the County Assembly’s team given one hour to summarise their case against the governor. This will be followed by an hour-long closing statement from Mutai’s defense, concluding at 6.30 pm.

The Senate will then enter into a two-hour debate on the motion for Governor Mutai’s removal from office. Senators will discuss whether to support the charges brought by the County Assembly, marking a crucial moment in the process.

The day will end with a vote at 8.30 pm, where senators will cast their ballots to decide whether or not to impeach Governor Mutai. The outcome will determine whether he remains in office or becomes the latest governor to be ousted through impeachment.