Kericho governor Mutai survive Senate impeachment on a technicality
The embattled Kericho governor Erick Mutai has survived impeachment after the Senate voted to stop impeachment proceedings against the county boss based on a technicality.
Mutai argued the Kericho County Assembly failed to achieve the mandatory two-thirds threshold by one vote for his ouster.
Thirty-four senators voted to uphold the governor’s objection, against ten who voted to have the impeachment hearing continue.
“The motion having been approved the hearing proceedings on proposed removal from office by impeachment of Erick Mutai, the governor of Kericho county is hereby terminated.” Senate Speaker Amason Kingi ruled.
The vote followed lawyer Katwa Kigen’s presentation that the 31 MCAs who voted for Mutai’s impeachment fell short of the threshold computed at 31.3 MCAs.
Kigen argued that the figure could only be rounded off upwards to 32 while the County Assembly defended its decision to round off the figure to the nearest whole number being 31.
Speaker Kingi had ruled out the preliminary objection that sought to halt the proceedings based on High Court orders issued at Kericho.
The Senate Speaker cited ruling issued by the then Deputy Speaker Kithure Kindiki that Judiciary cannot injunct parliament based on its constitutional mandate and separation of powers.
“I rule that any injunction interfering with the work of Parliament has no effect on Parliament in exercise of its constitutional functions. Such court orders have no effect on the National Assembly or the Senate or any other committees.” Kingi stated.
The question on the impeachment threshold at the County Assembly elicited debate with both the governor and County Assembly drawing the attention of the Senate to various rulings in the matter.
Mutai’s counsel cited past precedents in the impeachment hearing against former governors where the threshold for the impeachment was capped at 32 out of the 47 MCAs.
“The impeachment was passed with 31 votes and 31 is not the same as 31.3. If you combined the use of the word at least in Section 31 of the County Governments Act when you scale down to 31 as opposed to 31.3, you have fallen short of the requirement of the statute.” He remarked.
“This motion could have succeeded if it had 31.3 and above. When it scaled down to 31, it fell short of the provisions of Section 33 of the County Governments Act and Kericho County Assembly Standing Orders.” Kigen added.
Kigen expressed it would be discriminatory if the impeachment motion would not be thrown out on the basis on procedural technicalities since the process was flawed on the number’s threshold.
Mutai’s counsel brought to the fore the ruling of the National Assembly Speaker on October 1, 2024 on the threshold of voting for the impeachment motion against Deputy President Rigathi Gachagua where the decimal fraction was rounded upwards.
“The criteria used to consider impeachment of the Deputy President at the National Assembly used one formula that you should move a step further because you can’t have a fraction of a person. This should not change in the case of Eric Mutai and be that you scale down.” He said.
Kericho MCAs through their lead counsel Elias Mutuma opposed the preliminary objection anchored on an order staying Senate proceedings saying it could only be substantiated with cross examination of witnesses in the proceedings.
Governor Mutai’s ouster motion was filed by Sigowet MCA Kiprotich Rogony.
He was accused of gross constitutional violations, abuse of office, misuse of public resources and unnatural sexual engagements.
