Mutai seeks second ‘luck’ as senate hearing begins

Embattled Kericho Governor Eric Mutai is once again banking on technicalities to save his job as the Senate begins hearing his impeachment case — his second in under a year.

Mutai, accused of gross violation of the constitution, abuse of office and gross misconduct, has filed three preliminary objections seeking to have the proceedings dismissed at the onset.

Last October, senators terminated a similar removal bid against him after agreeing with his objection that the Kericho county assembly had failed to attain the required two-thirds threshold.

In this new attempt to impeach him, Mutai has once again fronted three preliminary objections in a bid to convince the Senate to once again terminate his impeachment at the preliminary stage.

In the preliminary objection filed with the Senate, the governor argues that court blocked the impeachment at the county assembly.

“The county assembly should have declined to consider, debate, and vote on the impeachment motion, considering that there were court orders made on August 14, 2025, staying/stopping the said proceedings,” he says in the papers filed in the Senate.

He also argues that the assembly did not achieve the required numbers to remove him.

In addition, the authenticity and credibility of the system the MCAs used when voting to remove him.

“The impeachment motion dated 6th August 2025 does not meet the threshold required by Section 33 (2) of the County Government Act, 2012,” he said.

He argues that out of 47 members of the county assembly of Kericho, 18 members did not vote whatsoever on August 15, as they were in opposition to the motion.

As such, the maximum voting MCAs would have been 29 MCAs. The required statutory threshold comprises 32 members of the county assembly to support the motion. This was not achieved.

According to the governor, the voting system, infrastructure and framework did not meet the standard of transparency, accountability and did not have any integrity.

“Consequently, the impeachment motion dated 6th August 2025 is a nullity in law,” he argues.

Both sides have fielded heavy legal firepower.

The assembly is represented by 12 lawyers, led by constitutional lawyer Elisha Ongoya alongside Kimutai Bosek, Sharon Mibey, Elias Mutuma, Hillary Kiplangat and Brian Langat.

Others are Geoffrey Langat, Victor Kibet, Evans Kiplangat, Elvis Kipkorir, Joel Wakhungu and Vincent Kipronoh.

Mutai, on the other hand, is defended by five senior lawyers led by Katwa Kigen, joined by Peter Wanyama, Rose Thiong’o, Doris Ng’eno and Joash Mitei, with a support team of junior counsels.

They include Brian Lee Maingi, Ian Kiplangat, Mitchelle Mutuma and Japheth Koech.

The hearing started on Wednesday with a one-hour closed-door session, after which charges were read out for Mutai to plead.

The floor was then opened for preliminary objections before formal submissions.

Under the charge of gross violation of the constitution and misuse of county funds, Mutai is accused of authorising fictitious payments worth Sh85.7 million for undelivered goods, inflated contracts and incomplete works.

Among the irregular claims were the supposed maintenance of 15 residential houses, overpriced supplies and agricultural inputs that never reached farmers.

He is further charged with contravening procurement laws by splitting contracts, neglecting to conduct market surveys and paying suppliers in advance despite Kericho county accumulating pending bills of Sh1.1 billion.

The petition also accuses the governor of diverting more than Sh325 million meant for the national agricultural value chain project, with only 19 out of 30 wards benefiting, and many farmers receiving substandard inputs.

Similarly, under the Financing Locally-Led Climate Action initiative, it is alleged that projects were distributed unfairly, with his home ward of Chemosot receiving a disproportionate Sh21.7 million.

Mutai is further accused of irregularly launching the “Equaliser Kazi Mtaani” initiative in August 2024 without assembly or Controller of Budget approval.

This, according to the charge, led to the loss of Sh39 million, and misuse of funds meant for strategic projects, such as paying Sh8.5 million for the upgrade of Kunyak dispensary despite no work being done.

Additionally, he allegedly forced county executives to divert departmental funds for personal use, misused emergency funds meant for victims of the Londiani accident and presided over irregular tender awards.

The governor is further accused of mismanaging funds raised for the victims of the Londiani junction accident tragedy, in which more than Sh9 million was allegedly lost.

He is said to have awarded direct tenders for services during the fundraiser and requiem mass, contrary to procurement laws and failed to honour commitments to implement the post-tragedy report.