Embattled Kericho Governor Erick Mutai is set to face a full trial before the Senate plenary after attempts to form a special committee collapsed on Wednesday, August 20.
Senate Majority Leader Aaron Cheruiyot on Wednesday moved a motion seeking to establish an 11-member team to probe Mutai's removal from office, but the motion failed to attract a seconder, forcing the House to settle on a full House hearing.
“The Senate Majority Leader moved the motion under Order Number 9 on today’s Order Paper for the establishment of a special committee to investigate the proposed removal from office by impeachment of Hon. Erick Mutai, Governor of Kericho County," Senate Speaker Amason Kingi announced during the sitting.
"The motion failed to be seconded, and therefore was deemed to have been withdrawn pursuant to Standing Order 71 of the Senate Standing Orders,” Senate Speaker Amason Kingi, while delivering his communication, to the House."
Kingi explained that under Section 33A of the County Governments Act and Standing Order 81B, the Senate had the option to appoint a special committee comprising 11 members or otherwise conduct hearings in a plenary. He informed Senators that since the motion was abandoned, the matter would be heard by the full house.
He went on, “The Senate will proceed to investigate the proposed removal from office by impeachment of Honourable Erick Mutai, Governor of Kericho County, in plenary pursuant to Section 33A of the County Governments Act and Standing Order 81B(2),” Kingi said.
Earlier in the day, the Senate Business Committee had convened and agreed on a framework for handling Mutai's impeachment should the matter advance to the plenary.
The clerk of the Senate is now set to issue invitations to appear to the parties (the prosecuting and defending party) on Thursday, August 21. The parties are then required to file their responses by Monday, August 25 at 5pm.
Afterwards, the clerk will circulate all documents received along with the plenary programme to senators by Tuesday, before the hearings proceed on Wednesday, Thursday and Friday.
The sitting on Wednesday followed a formal communication from Kericho County Assembly Speaker Patrick Mutai, who informed the Senate that 33 out of 47 MCAs had voted on August 15 to impeach Governor Mutai.
Initially tabled by Sigowet Ward MCA Kiprotich Rogony, Governor Mutai was accused of a wide range of violations, including abuse of office, nepotism, illegal appointments and unlawful dismissal of county officials.
One of the more damning allegations against governor Mutai, according to whistleblower reports, was an alleged payment of Ksh85.7 million to 46 companies for undelivered goods and services.