The full hearing into the impeachment of Kericho governor Erick Mutai is set to proceed after an attempt by his legal team to have the process halted.
During the morning session, Governor Mutai's team, led by Senior Counsel Katwa Kigen, objected to the commencement of the hearing, contending that the process was fundamentally flawed.
Kigen contended that the County Assembly's vote on the impeachment motion could not be verified, whilst the constitution required a two-thirds majority to further the impeachment.
“The voting system does not demonstrate that a lawful process took place. It lacks credibility and falls short of the constitutional threshold. We urge this House to reject the Motion in its entirety," Kigen said.
However, prosecuting counsel, led by Elisha Ongoya, maintained that due process was followed as they urged the Senate to proceed with the trial.
Amid the impasse, Kingi delivered a ruling on Wednesday afternoon, confirming that the Senate would proceed with a full hearing, arguing that it was too premature to halt the process.
“Stopping the process at this stage will set a dangerous precedent if the Senate conducts impeachment proceedings and votes on charges on grounds that no lawful impeachment was undertaken,” the Speaker said.
“This matter, being one of fact requiring the adducing of evidence, will be determined by hearing both parties and entertaining the evidence they have.”
Kingi ruled that the Senate would first establish whether the County Assembly met the constitutional threshold, specifically whether at least two-thirds of the Members of the County Assembly voted in support of the impeachment motion.
The speaker was adamant that the Senate would only proceed to consider the charges against Mutai once the two-thirds number was determined.
“The Senate shall determine the disputed facts prior to making a determination on the impeachment charges,” Kingi stated. “If the Senate finds the two-thirds threshold of 32 MCAs was not met, the proceedings will terminate. However, if the threshold was met, the Senate will proceed to determine whether the impeachment charges are substantiated.”
The impeachment motion, tabled by a section of MCAs, accuses Governor Mutai of gross misconduct and misuse of public office, specifically citing irregular procurement and mismanagement of public funds amounting to Ksh85 million.
Mutai pleaded not guilty to all three charges during the first phase of his trial.
