The Senate of Kenya, on Tuesday, defied orders obtained by Kericho Governor Eric Mutai barring them from acting on his impeachment.
In a gazette notice dated October 7, Senate Speaker Amason Kingi announced that Governor Mutai’s impeachment hearing by a special senate sitting was scheduled to kick off at 2:30 pm.
“Pursuant to Article 181 of the Constitution, section 33 (3) (a) of the County Governments Act (Cap. 265) and standing order 80 (1) (a) of the Senate Standing Orders. I appoint the sitting of the Senate on Tuesday, 8th October, 2024 at 2.30 p.m. as the sitting convened for the purpose of hearing the charges in the matter of the proposed removal from office, by impeachment, of (Dr.) Erick Kipkoech Mutai, the Governor of Kericho County,” the notice read.
On October 3, Mutai obtained a court order barring the Senate Speaker Amason Kingi from acting in any capacity to any resolution by Kericho County Members of County Assembly (MCAs) seeking to unseat him.
"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.
Mutai had also received orders preventing the county assembly from sending their resolution to the senate speaker.
"Pending the interpartes hearing of the motion an interim order is hereby issued restraining the Speaker of the 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," added the court order
Before the MCAs voted in favour of impeaching him, Governor Mutai had also obtained another court order from the Kericho High Court barring the county assembly from proceeding with the impeachment motion.
Despite this, however, Sigowet MCA Kiprotich Rogony tabled an impeachment motion which was accepted by the County Assembly Speaker Patrick Mutai where 37 MCAs voted in support while just 10 opposed it.
To proceed with the impeachment process, the Kenyan Senate would need to hold a session to decide his fate, a decision which would only be possible if the Senate Speaker Amason Kingi received or acted on the resolution by the Kericho MCAs.
The impeachment motion was brought against the governor on grounds of gross violation of constitutional 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.
He also faced abuse of office allegations by purportedly making illegal appointments, unlawful dismissal and transfers, and usurpation of the Constitutions and statutory functions of county public service and subversion, discrediting and also impeding of the oversight role of the County Assembly.
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.
