- 34 senators voted to uphold a preliminary objection raised by the governor’s counsel
- 31 out of 47 MCAs had voted to impeach him at Kericho County Assemby.
Following hours of debate, Speaker Amason Kingi directed that the matter be put to a vote by all 47 delegations (elected senators).
Thirty-four senators voted in favor of the objection, while 10 opposed it. Thereon, there was no abstentions.
“With the motion approved, the hearing proceedings on the proposed impeachment of Erick Mutai, Governor of Kericho County, are hereby terminated,” Kingi announced.
“Honourable Senators, the results of the vote are as follows: 34 Ayes, 10 Nays, and zero abstentions, so the Ayes have it,” announced Senate Speaker Amason Kingi.
“Honourable Senators, with the motion approved, the hearing proceedings on the proposed impeachment of Honourable Dr. Erick Kimutai, Governor of Kericho County, are hereby terminated. The Senate is now adjourned.”
Governor Mutai contended that the county assembly did not meet the two-thirds threshold mandated by law, a point that was challenged by several Senators.
Senators voted to address the governor’s objection regarding the two-thirds threshold, with 31 out of 47 MCAs supporting the impeachment of Governor Mutai.
During the discussion, opinions varied on whether the 31 MCAs met the required threshold to proceed with the impeachment.
Some senators argued that the count was valid, while others disputed it. “The High Court has already ruled on the matter of rounding off decimals to the nearest whole number in the case of Tana River County,” stated Senator Enoch Wambua of Kitui.
Counsel Elias Mutuma added, “It is a scientific fact that two-thirds of 47 MCAs is 31.3. A human cannot be a fraction. What do you expect the Governor to prove?”
Counsel Hillary Kiplangat remarked,
“The Speaker of the County Assembly of Kericho followed a High Court decision that dictates when rounding off, one should round to the nearest whole number. Therefore, two-thirds of the Kericho County Assembly is 31.3 MCAs, which rounds down to 31 members.”
The impeachment motion against the governor was based on allegations of
Allegations
- Gross violations of the Constitution and other laws,
- Misappropriation,
- Misallocation,
- Unauthorized withdrawals of county revenue and finances,
- Misappropriation and/or complicity in the misappropriation of publicly raised funds.
Additionally, the governor faced accusations of gross misconduct and significant breaches of Articles 10, 73, and 75 of the Constitution.
Also with sections 29 and 34 of the Leadership and Integrity Act, for publicly disparaging, demeaning, and undermining several members of his county, including his MCAs.
Governor Mutai joins a list of governors who have successfully survived impeachment; including Mwangi wa Iria, former Governor of Murang’a; Paul Chepkwony, former Governor of Kericho; Granton Samboja, former Governor of Taita Taveta; and the late Nderitu Gachagua of Nyeri.
4o mini
