MCAs Impeach Kericho Governor Erick Mutai, Despite Court Order

The MCAs had accused the county boss of gross violation of the Constitution and other laws

MCAs Impeach Kericho Governor Erick Mutai, Despite Court Order
Kericho Governor Erick Mutai during a past address. /CAPITAL BREAKING NEWS

31 Kericho Members of the County Assembly (MCA) on Wednesday, October 2 impeached Governor Erick Mutai, despite the county boss securing a court order that stopped the proceedings temporarily.

The MCAs had accused the county boss of gross violation of the Constitution and other laws, the development meaning that Mutai is on the verge of joining a list of governors officially impeached since the promulgation of the 2010 Constitution- officially if the Senate and court decisions ratifying the same are taken into account.

The assembly’s action comes a day after the court ruling by Justice Joseph Sergon, which barred the county assembly from continuing with the impeachment process until a petition filed by Governor Mutai is heard on October 15, 2024. Still, Sigowet MCA Kiprotich Rogony, who led the charge, pushed on, alleging multiple offences, including misuse of public funds and indecent conduct.

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.

The governor now joins 12 other county leaders who have faced similar motions since 2013. However, only two, former Nairobi Governor Mike Sonko and Kiambu Governor Ferdinand Waititu, were removed from office, while others, like Mutai, contested the impeachments at the courts and Senate.

The controversial impeachment is expected to follow the same path, with Mutai challenging the validity of the assembly’s actions.

This is not the first time the MCAs plotted an impeachment motion against the governor. In 2023, a section of Kericho MCAs threatened to table an impeachment motion against Mutai over allegations of misappropriating Ksh14.5 million donated by well-wishers to respond to and help victims of the Londiani Tragedy.

Kericho Governor Erick Mutai at his office on August 29, 2022. /ERICK MUTAI