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President William Ruto has forwarded the name of Interior Cabinet Secretary Professor Kithure Kindiki to the National Assembly  whom he has chosen as his pick to replace Rigathi Gachagua who was impeached by the Senate on Thursday.

National Assembly Speaker Moses Wetangula in today’s Parliament session announced that the CS had been nominated by President William Ruto as the new second in command.

“I have a message from the President on the nomination of Prof. Kithure Kindiki EGH. to fill the vacancy in the Office of the Deputy President of the Republic of Kenya.”

Prof Kindiki had been one of the frontrunners ever since the motion to impeach former DP Gachagua was tabled in the house by Kibwezi West MP Mwengi Mutuse.

Interior CS Kithure Kindiki speaking during the National Assembly Committee on Administration and Internal Security on Thursday, September 26. PHOTO/ Kithure Kindiki.

An opinion poll by Infotrak last week showed that Kindiki was the most preferred Gachagua replacement amongst Kenyans. The poll showed at least 20 per cent of the respondents preferred the Interior CS.

Other big names tipped to replace Gachagua included; Prime Cabinet Secretary Musalia Mudavadi, Kirinyaga Governor Anne Waiguru, Homabay Governor Gladys Wanga, Murang'a Governor Irungu Kang'ata, Kiharu MP Ndindi Nyoro and even opposition leader Raila Odinga.

It is also noteworthy to note that Kindiki was also among the last two picks to be Ruto's running mate before the president settled on Gachagua.

At the time, it emerged that Gachagua won the race due to his grassroots appeal and his deep pockets despite Kindiki enjoying the support of most Mt Kenya politicians.

Prof Kindiki has on numerous occasions been ranked as the best performing Cabinet Secretary in President Ruto's administration despite the high level of criticism levelled against the current government.  

A survey done by Infotrak earlier this year gave the Interior CS a B grade positioning him as the best amongst peers especially in terms of addressing issues affecting Kenyans. In the survey, the CS was ranked highly in areas of competence, service delivery and communication.

However, the CS came under criticism due to police brutality during the Gen Z demonstrations that rocked Ruto's government in June this year. 

Kindiki's appointment comes when Kenya is facing uncertain political times after the historical ouster of Rigathi Gachagua.    

With this new development, President Ruto faces an uphill task in convincing the Kenyan citizens of the Kenya Kwanza administration as pressure mounts on the government's ability to deliver on its manifesto. 

Deputy President Rigathi Gachagua attends a church service in Meru on September 29, 2024.

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DPPS

Embattled Deputy President Rigathi Gachagua has officially been impeached after members of the Senate overwhelmingly voted to kick out the second in command from office.

During the voting process, 54 lawmakers voted in favour of Gachagua's impeachment over gross violation of the Constitution while 13 voted against his ouster. According to the Constitution, if at least two-thirds of the senators vote to uphold the impeachment, then Gachagua stands dismissed.

It is worth noting that a majority of the Senators only needed to vote in favour of one ground to warrant the deputy president an impeachment.

45 senators, however, saved Gachagua by opposing his impeachment over the accusation that he violated the Fourth Schedule to the Constitution by undermining devolution. Only 19 approved the impeachment while 3 abstained.

A wide-angle picture of the Senate during the impeachment hearing against Deputy President Rigathi Gachagua, Wednesday, October 16.

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Senate

Meanwhile, 51 Senators voted in favour of the DP's impeachment on the grounds of undermining independent institutions such as the court with 16 lawmakers disagreeing.

A majority of the Senators also faulted the DP for breaching the oath of office and contravening the National Cohesion and Integrity Act of the constitution. Nonetheless, most legislators defended Gachagua against allegations of engaging in money laundering.

“Now Honourable Senators, pursuant to articles 145 and 150 of the constitution, the Senate has resolved to remove from office Rigathi Gachagua EGH from office by impeachment. Accordingly, his excellency Rigathi Gachagua EGH ceases to hold office,” Speaker Kingi announced before adjourned the sitting till Tuesday afternoon.

Gachagua's impeachment followed the Senate's resolve to continue with the impeachment hearing despite a request by the deputy president's legal team for the adjournment of the hearing to October 22.

The DP's legal team had requested Senate Speaker Amason Kingi to adjourn the session after the deputy president reportedly fell ill during the proceedings. Addressing the Senate plenary, lead Counsel Paul Muite informed the lawmakers that the deputy president suffered chest pains and was rushed to Karen Hospital for treatment.

“The sad reality is that the Deputy President of the Republic of Kenya has been taken very sick and as I address Mr Speaker and this House, he is in the hospital. That is the sad reality," Muite informed the plenary.

However, after the adjournment plea was dismissed, DP Gachagua's legal team walked out claiming that they did not have permission from their client to continue representing him in the impeachment case.

Following the deputy president's legal team's decision to walk out, Speaker Kingi permitted the representatives from the National Assembly to deliver their closing statements in Gachagua’s impeachment trial. The Senate then adjourned for thirty minutes after which a voting exercise was conducted.

In their presentation, the National Assembly's representatives led by Rarieda lawmaker Oteinde Amollo accused the DP of breaching the National Cohesion and  Integration Commission (NCIC) Act.

"He (DP Gachagua) talked about sharing positions in coalition and not in government, and to try and mislead this house makes it an aggravation of a rule, and I invite you, Mr Speaker to find that there was a breach of this. We were shown a clip of the deputy president saying he had no apology," lawyer Otiende Amollo argued.

DP Gachgua was first impeached by members of the National Assembly on October 8 when 282 MPs voted in favour of the special motion with 44 voting against the impeachment with one legislator abstaining the vote.

Deputy President Kithure Kindiki with former Deputy President Rigathi Gachagua on March 6, 2024.

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Kindiki

Rigathi Gachagua's defense counsel walked out of the Senate after their request to postpone the Senate hearing was declined by a majority of the senators.

In what was an eventful second day of the Senate hearing in the Gachagua impeachment trial, the counsel, led by Paul Muite, openly showed their discontent after Senate Speaker Amason Kingi ruled the trial process would continue in the absence of Deputy President Rigathi Gachagua.

"Mr Speaker, through you, let me recognise the right of this Honourable Senate to decide any issue put to it democratically which Mr. Speaker is what has happened," Muite stated

"Arising for that decision of this Honourable Senate, was the legal team representing the DP are not able to continue appearing without instructions. We humbly and with a lot of requests take your leave Mr Speaker and the leave of this honourable house."

Rigathi Gachagua's legal counsel walking out of the Senate on Thursday, October 17. PHOTO/Courtesy

Speaking outside parliament, counsel Ndegwa Njiru further broke down their reasons for declining to participate further in the proceedings, saying it would be improper to move forward in the absence of their client, whom they claim has been taken ill at the hospital.

"When the Senate decided to take that action, we decided to leave because we would be perpetuating an illegality by sitting in Parliament without adequate instructions from our client," Njiru observed.

Gachagua's counsel had earlier requested to have the trial pushed back to Tuesday next week, owing to Gachagua's uncertain medical conditions. Speaker Kingi, however, left the decision to the Senators in the house, saying such a decision was typically supposed to be made to the Senate, not the Speaker.

The Senators took a vote, with an overwhelming number voting yes to proceed with the trial.

The decision was heavily criticised by Gachagua's counsel, who decried malice in the Senate's apparent rush to conclude the trial.

"What is the rush with the Senate? Why do you want to conclude this issue today with the absence of the DP who is the accused? Those who have been given the closing remarks are MPs; they have taken over the Senate. It is a sad day for this country," Karungo Thangwa said.

What happened: Gachagua was in the house for a better part of Thursday morning during the trial. However, when the time came for the National Assembly counsel to cross-examine him, the DP was conspicuously absent, sparking concern.

His legal team, led by Senior Counsel Paul Muite, dropped a bombshell, disclosing the DP had been taken ill in hospital after falling ill just after lunch hour.

What ensued was a brief wave of confusion in the house, with Speaker Amason Kingi ultimately suspending the hearing untill 5pm.

The Senate hearing was plunged into deeper uncertainty when Gachagua was conspicuously absent when the clock hit 5pm. Muite, while addressing the Senators, was adamant the embattled DP was physically unable to present his defence before as he was suffering from chest pains.

"Because of his condition, I was not able to talk to him in the direction of his doctors. I was however informed that he was suffering intense chest pains. I did not want to inquire further," lead counsel Muite said.

Muite went on to request the Senate to accord Gachagua more time, citing Tuesday, October 22 as a plausible date when the DP can avail himself, citing article 145 sub-article 6 of the Kenyan constitution which states that a public officer undergoing an impeachment process before the Senate should be allowed the chance to defend himself before the Senators vote on whether he should be ousted.

Orengo's take: Muite's request was however met with fierce disapproval from the National Assembly's counsels, who were adamant the proceedings should go on in Gachagua's absence.

"We should have one of the doctors here, at least to tell us about his admission and his condition. There is no evidence that the DP was evacuated in an ambulance. In the absence of medical evidence from a doctor, Gachagua’s illness may be opportunistic," Orengo said.

A collage of Deputy President Rigathi Gachagua, Siaya Senator James Orengo, and the Parliament buildings, October 16, 2024.

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Courtesy

Senate Speaker Amason Kingi was on Thursday forced to suspend Deputy President Rigathi Gachagua's impeachment trial after the second in command was reportedly taken ill at a time when he was about to be cross-examined by National Assembly lawyers led by Senior Counsel James Orengo.

Earlier, there was confusion at the chambers after Gachagua's legal team lead Paul Muite confessed that he was not aware of the deputy president's whereabouts. The deputy president was set to appear as a witness, forcing Kingi to step in and give the way forward.

Kingi before eventually ruling on adjourning the proceedings until 5pm, gave Gachagua's legal team some time to locate their client.

"Rule 11 overrules the procedure where the DP fails to appear, the Senate can actually proceed or for exceptional reasons,''

"Having considered the two sides, my directions are as follows that we will suspend this sitting and resume exactly 5:00 pm. So we expect the DP then to take the witness stand at 5:00 pm. This is a time-barred process, unfortunately. It is so ordered," directed Kingi.

A collage of Deputy President Rigathi Gachagua, Siaya Senator James Orengo, and the Parliament buildings, October 16, 2024.

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Courtesy

Minutes later, Muite told the plenary that the Deputy President had been hospitalised after falling 'very sick.' The hospital he was taken to, however, remained a mystery.

''The sad reality is that the Deputy President of the Republic of Kenya has been taken very sick, and as I address Mr Speaker and this House, he is in the hospital." Muite revealed.

The Speaker was compelled to grant lawmakers time for consultation while also engaging with the legal counsels representing both the National Assembly and Gachagua to determine the next course of action.

After consultations were conducted, Kingi observed the house needed to hear and conclude the matter, in accordance with the communication outlined in the Order Paper.

''At the rise of the house at 1:15 pm, I made it clear that upon resumption, the DP was going to take the stand. We came in here, I communicated the programme for the afternoon, and I said we are going to execute it with military precision owing to the fact that we need to conclude business today. SC Paul Muite indicated that he cannot get hold of his client, that is not the concern of this house, so time is running. The floor is available to the DP and no any other Senator,''

National Assembly lawyers, led by Orengo, appeared hesitant to advise the Speaker on what action to take, effectively shifting the responsibility back to him to make a ruling.

''I have heard what Senior Counsel Paul Muite has said, and Mr. Speaker, you have made it quite clear that these proceedings are time-barred. It is not so much about the situation in which the Deputy President finds himself, it is about the Senate complying with the provisions of the Constitution that within that timeframe you must make a decision,'' Orengo implored.

The Senate is scheduled to reconvene at 5 PM during which the proceedings will be expected to go on.

A wide-angle picture of the Senate during the impeachment hearing against Deputy President Rigathi Gachagua, Wednesday, October 16.

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Senate

Deputy President Rigathi Gachagua fell ill and was rushed to hospital just minutes after he was set to take the stand during impeachment hearing against him at the Senate. 

His lawyer Paul Muite told senators that his client had been taken ill following a lunch break at the impeachment trial.  Today is when the senators were expected to vote on the 11 charges facing Gachagua.

Muite told the Senate, “The sad reality is that the Deputy President of the Republic of Kenya has been taken very sick and as I address Mr Speaker and this House, he is in the hospital."

He added, “That is the sad reality.” Muite has not revealed what hospital the country’s second in command was rushed to, or what ailment he is suffering from.

A collage of Deputy President Rigathi Gachagua and the Parliament buildings, October 16, 2024.

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Courtesy

The news sent the Senate into tailwinds as it sought to find a way out of the unprecedented situation. Moments after the news broke, Senators could be seen consulting each other.

Speaker Kingi was in conversation with the leaders of the Upper House as they planned on what to do next.

Gachagua’s defense team, as a result, asked the Senate to grant him time to visit and evaluate the situation before reporting back to the House on Gachagua's condition. “My proposal is that you give me at least the rest of the day to go and have an assessment of his (Deputy President) situation and maybe even come back here by 5:00 pm,” Muiite told the Senate.

The National Assembly legal team, however, opposed this, arguing that the impeachment process was time-bound and therefore should continue. However, the Speaker decided to suspend the sitting which will resume at 5:00 pm.

"We are facing a very unprecedented situation. My directions are as follows; that we will suspend this sitting and resume at exactly 5. We expect the Deputy President to take the stand at that time. This is a time-bound process, unfortunately. It is so ordered," Kingi ruled.

This revelation comes after a puzzle of his disappearance at the Senate as the House resumed for the afternoon session. Gachagua was expected to take the stand as his own witness in the case that seeks to oust him.

"The DP was going to take the stand. We came in here, I communicated the programme for the afternoon, and I said we are going to execute it with military precision owing to the fact that we needed to conclude business today. SC Paul Muite indicated that he cannot get hold of his client, that is not the concern of this house, so time is running out. The floor is available to the DP and no other Senator," stated Speaker Kingi.

DP Gachagua at the Senate Lobby waiting for hearing to start on Wednesday, October 16, 2024.

Senate was thrown into a state of confusion on Thursday afternoon after Deputy President Rigathi Gachagua went missing during the plenary session.

The Deputy President's legal team was forced to issue a clarification after Gachagua failed to appear at the Senate where he had been lined up as a witness.

Senate Speaker Amason Kingi was forced to intervene querying the Paul Muite-led team where their client was. Muite told Kingi that he was unaware of where Gachagua was.

"Honourable Speaker, we are waiting for the deputy president and my colleagues can stand in for me, let me make enquiries where he is," Senior Counsel Paul Muite pleaded with Speaker Kingi.

It was at this point that Kingi granted the attorneys more time to locate the deputy president who was nowhere to be found.

Senior Counsel Paul Muite argues in court in 2017

The Senators who were seated keenly listening to the proceedings called on the speaker to adjourn the proceedings. Kakamega Senator Boni Khalwale while addressing the plenary, called on Speaker Kingi to suspend the proceedings until Gachagua's legal team could establish his whereabouts.

"To the extent that when we stand down business in this house, it normally arises from a communication from the chair that we are temporarily suspending the proceedings," Senator Khalwale commented.

"We have not done this and we are seated inside the chamber, the mess is in place, I do not know whether you want this to be the new standard. Could you guide us, we have no idea how long we are going to wait," he added.

However, moments later, DP Gachagua's lead Counsel Paul Muite informed the plenary that the deputy president had reportedly fallen ill while attending the proceedings and that he had been rushed to the hospital.

The second in command had been scheduled to appear as a witness in his defence. The National Assembly's legal team was also expected to cross-examine him.

"The sad reality is that the Deputy President of the Republic of Kenya has been taken very sick, and as I address this House, he is in the hospital. That is the sad reality,” Muite announced.

Speaker Amason Kingi while issuing directives on the matter announced that the house had been adjourned until 5 pm.

Senate Speaker Amason Kingi reading the resolution to impeach Governor Kawira Mwangaza to the House, August 19.

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NA

Senate Speaker Amason Kingi has rejected an objection by Deputy President Rigathi Gachagua's legal team to prevent Siaya Governor and Senior Counsel James Orengo from representing the National Assembly in the impeachment proceedings.

Kingi ruled that Orengo's participation in the impeachment process in the Senate does not rise to the level of prejudice. “It is trite law ( Laws that are obvious or common knowledge) that he who asserts must prove. In this regard, I wish to observe that the Learned Counsel for the Deputy President did not adduce evidence to prove indeed and demonstrate the allegation of gainful employment. In fact, it is somewhat surprising that the counsel attempted to shift the owners of providing gainful employment to the National Assembly. That argument is untenable,” stated Kingi.

He went on to rule, “The preliminary objection raised on the appearance for the National Assembly of the senior counsel, James Orengo, is hereby dismissed.” 

In their objections, Gachagua’s defence team argued that Orengo, as a full-time government servant, should not act as legal counsel in this matter.

James Orengo ahd his legal team making way to the Senate on Wednesday, October 16, 2024. PHOTO/ Chemutai Goin.

The objection was first raised by Paul Muite and backed by lawyer Ndegwa Njiru. The lawyers argued that Orengo would have a conflict of interest if the Siaya Governor was allowed to continue as the lawyer for the National Assembly.

“We are raising an objection to the appearance of senior counsel Orengo to represent the National Assembly, “ asserted Ndegwa Njiru. Njiru characterised the move to have Orengo among the team of lawyers on the National Assembly side as ‘trial by ambush.’

He went on to add, “He is a full-time serving State officer and is legally barred from engaging in meaningful employment. It will be prejudicial to our client if this House were to allow Orengo to represent the National Assembly in these proceedings.”

Njiru asserted, “James Orengo is a full-time serving state officer and is barred from engaging in employment.”

However, the lawyers representing the National Assembly, which Orengo is to lead pushed back arguing that there is no evidence that Orengo is participating in ‘gainful employment.’

“There has been no assertion that learned Senior Counsel James Orengo by representing a party before this house has participated in gainful employment,” stated lawyer Eric Gumbo. He went on to add, “In any case, what evidence has been tendered before this house to speak to that fact?”

This is another blow to Gachagua whose bid to derail the impeachment process in the Senate failed on Tuesday, and a three-judge bench on Wednesday morning also refused to issue orders to halt the process. 

Senators are expected to vote on each of the 11 charges facing Gachagua on Thursday, and should they uphold even one, Gachagua will stand impeached. 

Senate Speaker Amason Kingi reading the resolution to impeach Governor Kawira Mwangaza to the House, August 19.

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NA

Embattled Deputy President Rigathi Gachagua is set to face the Senate plenary after the High Court in Nairobi dismissed a petition, the DP's last attempt that sought to stop Gachagua's impeachment by the Senators.

The three-judge bench presided by Judges Eric Ogola, Fridah Mugambi and Anthony Mrima ruled that the Constitution outlined separation of powers thus barring the High Court from stopping the Senate's proceedings.

The court in its ruling noted that DP Gachagua's petition to stop his impeachment raised constitutional issues that required further judicial interrogation. 

According to the High Court judges, the Senate's proceedings to impeach the second in command were lawful and the Senate plenary would equally determine all the issues raised by the petitioner in his suit.

An image of Milimani Law courts.

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"It is our view that this is not one such case where intervention is automatic. The issues raised by the parties will be required to be interrogated. We, therefore, find that the enhancement of the constitutional principle of separation of powers will be best served by declining the application at this point," the court ruled.

"The Senate will conduct a trial where all the issues raised before the court will be addressed. At the moment, we are being called upon to anticipate an outcome of a process that is yet to be completed, the application in this stage is premature," the court added. 

However, in its ruling, the three-judge bench granted the deputy president the opportunity to appeal his dismissal by the Senate plenary at the Apex court should the lawmakers impeach him.

The court also maintained that the embattled deputy president would only cease holding office once all the constitutional processes were complete including a determination of the appeal filed by Gachagua if impeached.

"On the issue that has been raised that as soon as the Senate impeaches the DP, if at all that happens, that the DP immediately ceases holding office and that it cannot be reclaimed, we take the view that every office holder can only assume office legally and constitutionally," the court stated.

The court decision comes barely a day after another court declined to stop the Senate's proceedings on the impeachment of the second in command. Gachagua had moved to court seeking conservatory orders to stop his impeachment that is currently underway at the Senate.

Even as the process to impeach Gachagua gains momentum, the deputy president is expected to appear before the Senate on Wednesday at noon to defend himself against the allegations leveled against him by the National Assembly.

During the proceedings, both Gachagua and the National Assembly are set to present their witnesses who will testify before the Senate, the parties will also present their legal teams to battle it out in front of the lawmakers.

Deputy President Rigathi Gachagua attends a church service in Meru on September 29, 2024.

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DPPS

The High Court has rejected Deputy President Rigathi Gachagua's attempt to halt the Senate's upcoming impeachment proceedings, paving the way for the trial to begin as scheduled on Wednesday, October 16.

Justice Chacha Mwita delivered the ruling on Tuesday, October 15, dismissing Gachagua’s petition that sought to restrain the Senate from acting on the National Assembly’s resolution passed on October 8. The ruling allows the impeachment process in the Senate to continue.

"Having considered the application and argument by parties, the constitution, and the precedent, the prayer for the grant of conservatory order is hereby declined," ruled Justice Mwita.

In his opinion, Justice Mwita reasoned that the Constitution has delegated the impeachment process to Parliament, and the court must show restraint in meddling with the process. Justice Mwita, however, ruled that the challenges raised in the petition can be considered after the Senate concludes its role.

A collage of former Deputy President Rigathi Gachagua and Parliament Buildings.

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Parliament, Gachagua

Justice Mwita ruled the court had the jurisdiction to hear the petition brought by Gachagua, despite some of the responders to the petition arguing that the court had no jurisdiction since the matter in question stemmed from a constitutional process. 

Gachagua's petition, filed last week, argued that the impeachment motion was flawed and deviated from the original accusations against him. He requested a conservatory order to stop the Senate hearing, insisting, "Pending the hearing and determination of the substantive petition herein, a conservatory order should be issued restraining and prohibiting the Senate from proceeding with the impeachment hearing."

The Deputy President contended that the motion amounted to a "vicarious assault" rather than a legitimate inquiry, alleging that the proceedings were marred by intimidation and undue influence on MPs. He accused the National Assembly of rushing the process to avoid judicial oversight, thus undermining constitutional principles.

Gachagua’s legal team criticised the impeachment as a personal attack on him and his family, claiming that the accusations did not meet the threshold of gross misconduct. He also argued that the motion violated the legal doctrine of exhaustion, asserting that alternative remedies should have been explored before resorting to impeachment.

However, Justice Mwita ruled that there was no basis to halt the Senate’s proceedings, noting that the court could not interfere with the constitutional mandate of Parliament. The decision set the stage for the impeachment trial to proceed as planned, with hearings slated for October 16, 17, and 18.

Meanwhile, Senate Speaker Amason Kingi weighed in, declaring on Monday, October 14, that no court orders could obstruct Parliament from fulfilling its constitutional duties. “Any injunction interfering with the work of Parliament has no effect on Parliament in the exercise of its constitutional functions,” Kingi stated, reaffirming the Senate's readiness to proceed with the debate.

Deputy President Rigathi Gachagua, Interior Cabinet Secretary Kithure Kindiki, and Kirinyaga Governor Ann Waiguru at a past meeting.

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DPPS

The Senate on Monday terminated the impeachment hearing of Governor Eric Mutai whose motion arrived in the Senate following an impeachment by 31 members of the Kericho Members of County Assembly (MCAs).

Governor Mutai survived the impeachment after 34 senators voted to discontinue the hearing against 10 voted in support. There was zero absentee.

"Honourable Senators, the result for the division is as follows; Ayes are 34, Nays 10 and abstention at zero so the ayes have it," Senate Speaker Amason Kingi announced

"Honourable Senators, the motion having been approved, the hearing proceedings on the proposed removal from office by the impeachment of honourable Dr Erick Kimutai, the Governor of Kericho County, hereby terminates and the senate now stands adjourned."

An aerial view of senators seated during proceedings in the Senate of Kenya

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Senate of Kenya

A record of 34 Senators voted to uphold Mutai’s objection in a delegation vote done electronically.

Governor Mutai had argued the county assembly failed to achieve the two-thirds threshold required by law a matter that was disputed by various Senators.

Senators took to the ballot to determine the objection of the two-thirds threshold raised by the governor where 31 MCAs out of 47 voted in support of the impeachment of Governor Mutai.

Senators chimed in on the two-third threshold, some supporting that 31 MCAs met the rule while others refuting the claim. “The High Court has already pronounced itself on the matter of rounding off a decimal to the nearest whole number in the case of Tana River County,” Senator Enoch Wambua of Kitui posited.

On his part, Counsel Elias Mutuma stated, “It is a scientific fact that 47 MCAs divided by two-thirds is 31.3 MCAs. It is not possible for a human being to be a fraction. What do you want the Governor to prove?”

Counsel Hillary Kiplangat argued, “The Speaker of the County Assembly of Kericho was guided by a decision of the High Court that when rounding off, one round off to the nearest whole number. Two-thirds of the Kericho County Assembly is 31.3 MCAs rounding off to 31 members."

The impeachment motion was brought against the governor on grounds of gross violation of the Constitution and other laws including; misappropriation, misallocation, and illegal drawings of county revenue and county finances and misappropriation and/or abetting misappropriation of publicly raised funds.

Inevitably, the governor was also accused of gross misconduct and gross violation of the provisions of Articles 10, 73, and 75 of the Constitution and sections 29 and 34 of the Leadership and Integrity Act by publicly disparaging, demeaning, and undermining several members of his county including his MCAs.

Governor Mutai joins a list of governors who survived impeachment. Among them are: Mwangi wa Iria, former Governor of Murang’a, Paul Chepkwony, former Governor of Kericho, Granton Samboja, former Governor of Taita Taveta, and the late Nderitu Gachagua of Nyeri.

Kericho Governor Eric Mutai at a past event.

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Eric Mutai