Embattled Kericho Governor Erick Mutai has received a court order barring Senate speaker Amason Kingi from receiving or acting on any resolution by Kericho MCAs to impeach him.
The governor was impeached by the MCAs on grounds of gross constitutional and misconduct violations, misappropriation of funds and indecent conduct.
The governor had earlier obtained a court order from a Kericho High Court barring the county assembly from proceeding with the impeachment. However Sigowet MCA Kiprotich Rogony defied this and proceeded with the motion which was approved by the County Assembly Speaker Patrick Mutai.
The latest order gives the governor the leeway to challenge his impeachment at the County Assembly on constitutional grounds.
"An order is hereby issued to restrain the Senate and the Speaker from receiving or acting on or presenting to the plenary of the Senate or allowing for debate at the Senate as plenary or at any Senate committees and or discussing and or making any decision or resolutions in regard to the impeachment of the petitioner- Governor, Kericho County." the statement read in part.
Upon the impeachment, the governor’s fate would be in the hands of the Kenyan Senate who would have a session that would approve or disapprove the impeachment.
This would only be subject to Speaker Kingi receiving or acting on the resolution by the Kericho MCAs to oust the governor.
The court order is set to give the governor a lifeline as he fights against the bid to have him thrown out of office. 31 out of 47 MCAs had successfully impeached Governor Mutai.
In addition, the court orders prevent the county assembly speaker from sending the resolution to impeach Governor Mutai to the Senate speaker. "Pending the interpartes hearing of the motion an interim order is hereby issued restraining the Speaker County Assembly of Kericho from submitting to the Senate the resolution made on 2nd October 2024 by the County Assembly of Kericho to impeach the Governor, Kericho County."
With this development, the law gives the county assembly speaker two days to notify the speaker of the Senate on the resolution if supported by at least two thirds of the county assembly.
It is however unclear whether the MCAs will agree to this. The governor's legal team are working round the clock as they grapple with the fierce accusations leveled against Governor Mutai.
Kericho residents are currently in a state of limbo in regards to the leadership situation in their county. Governor Mutai was overwhelmingly elected by the Kericho electorate in the 2022 General Elections.
Amidst all this, the Governor has remained tightlipped and has not released any public statement regarding his impeachment ouster.