Kericho MCA says two thirds majority was not achieved during Governor Mutai’s impeachment
He told the senators that while there were 47 MCAs in the House during the Motion, only 29 voted, a number he said was below the two thirds majority required to impeach a governor
Kericho Governor Eric Mutai’s first witness has told the Senate that the mandatory two thirds majority was not achieved during his impeachment at the County Assembly of Kericho, noting that the trial of the county chief was improperly before the Senate.
Martin Cheruiyot Kiplagat, a member of the County Assembly, told the senators that a total of 18 MCAs, including him, never cast their vote during the ill-tempered impeachment Motion at the County Assembly.
Kiplagat, who was the first to take the witness stand to defend the Governor, said the 18 MCAs refused to cast their vote out of fear of the electronic voting system that had been deployed just hours before the MCAs debated the impeachment motion.
He told the senators that while there were 47 MCAs in the House during the Motion, only 29 voted, a number he said was below the two thirds majority required to impeach a governor.
“We had not been trained on the new electronic system because it was deployed just a day before we debated the impeachment Motion,” the MCA told the Senate in his evidence-in-chief on the second day of the hearing.
“The 18 of us wanted the Speaker to allow us to vote through the usual system of roll call. But the Speaker rebuffed our request and we decided not to vote.”
“We stood in the House and made our position known. We argued that the system was new and we feared possible manipulation of our vote, considering that this was the fist time the system was being used,” he told the senators.
He said the new system was deployed without members being taken through the training sessions. There was neither guidelines, policies or regulations that were presented to guide the MCAs on how to use the system.
In any case, Kiplagat argued, they were neither forewarned or notified by the Speaker on the intention to deploy electronic voting which was being done for the first time in the history of the County Assembly.
“We were not aware and there was no communication from the Speaker that the new electronic system would be used in voting to decide the fate of the governor,” he said.
However, evidence presented to the Senate by the County Assembly in support of the impeachment indicates that the MCA had voted in support of the Motion to kick out the governor.
The digital footprint that was presented to the House through the logs in into the system indicate that Kiplagat voted in support of the motion.
But he pushed back the claim when he was led into his evidence in chief by lawyer Katwa Kigen, who is representing Governor Mutai.
He told the House any suggestion that he voted during the Motion could only mean that somebody was impersonating him due to unauthorised access to the system using his credentials.
He told the House to deal with the claim, him, and the other 17 MCAs had launched a formal complaint with the Directorate of Criminal Investigations to investigate how the system was deployed and claims some unauthorised people gained access.
However, lawyer Elias Mutuma for the County Assembly dismissed the evidence of the witness describing him as a dishonest person whose evidence was full of lies.
Citing his contribution on the floor of the House, in which he supported the report that of the Committee to remove the Governor from office, the lawyer said the MCA had changed his mind after he was induced.
“Records from the Hansard show that you supported the report that approved the removal of the governor from office. Does that tally with your claim that you never voted?” he asked, adding that the MCA was a hostile witness.
The MCA insisted that he never voted.
Senators questioned the value of the MCA’s testimony with most observing that he was less truthful.
One area where the senators had issues is where the MCA claimed that on the material day, he never carried his phone to the chamber.
It was a curious admission considering that the County Assembly ICT department had sent the voting link to the MCAs through which they could use to vote.
Kakamega Senator Boni Khalwale, Nominated Senator Crystal Asige and Elgeyo Marakwet Senator William Kisang said they found revelation curious because it was tantamount for somebody deliberately leaving behind his tools of trade.
“What were you going to do in the House if you did not have the tools of trade?” posed Khalwale even as Kisang added that no serious person is reminded to carry his tools of trade to his place of work.
