MCAs Impeach Kericho Governor Erick Mutai, Despite Court Order

Initially, the assembly had anticipated Governor Mutai's presence for a defence against the serious charges. However, he was absent and instead sent a legal team led by Katwa Kigen. 

The County Assembly of Kericho. /NAIROBI LEO

The court order that Mutai claimed would halt the impeachment proceedings was reportedly not served in time, allowing the motion to proceed as scheduled.

Mutai’s impeachment motion was introduced on Wednesday, without reference to the court’s decision. Speaker Patrick Mutai allowed the motion to proceed, sparking questions about whether the assembly was aware of the legal developments as the governor had named the county assembly, Speaker Mutai, and MCA Rogony as respondents in his petition seeking to halt the process.

Justice Sergon had issued interim conservatory orders preventing the county assembly from debating the motion until all parties had filed and exchanged their written responses. The court also set an October 15, 2024 date for oral highlights, making the impeachment vote premature under the ruling.

The county assembly still continued with the impeachment motion despite the court's intervention, voting overwhelmingly in favour of the motion. Governor Mutai faces serious accusations of violating the Public Finance Management Act, 2012, and the Leadership and Integrity Act, with his administration allegedly overseeing the mismanagement of county funds. 

Part of the allegations against the governor in the notice of motion include numerous complaints of Governor Mutai's "indecent and unnatural sexual behaviour by female partners who accuse the Governor of, for instance, forcing them to unconsented anal sex, dangerous and unprotected sex, etc."

"The Victim of the abuse seeks anonymity at this stage and the Mover of the Motion shall, at the hearing of this Motion, seek to have the Victim heard in camera to protect her identity and dignity. Further, for the sake of concealing her identity, the Victim will be identified in pseudo-name," read the accusations in part.

Governor Mutai has also been accused of failing to work despite the hefty allowances he receives.

He was also accused of leading a mob on his second day in office to invade private property. The land in question, located within Kericho town and owned by Joseah Kiplangat Kogo, was reportedly seized by the governor, who ordered the demolition of the property’s fence.