Senate Upholds Kericho Governor's Impeachment on Technical Grounds

Kericho Governor Erick Mutai breathed a sigh of relief after a tense impeachment battle ended in his favor, with the Senate establishing that the County Assembly failed to meet the required threshold to oust the governor. Despite multiple charges against the governor, including abuse of office and financial impropriety, the Senate invalidated the motion on procedural grounds, citing technical issues with the electronic voting system used by the Members of the County Assembly (MCAs). The decision marks the second time in less than a year that Governor Mutai has avoided impeachment on technical grounds.

Key Takeaways:

  • The Senate voted in favor of Governor Mutai, with 26 senators affirming that the MCAs did not reach the two-thirds majority needed to impeach the governor.
  • The County Assembly had levelled multiple charges against the governor, including abuse of office, financial impropriety, illegal dismissals, and fictitious payments.
  • Governor Mutai contested the credibility of the electronic voting system used by the MCAs, arguing that it was insecure and had been accessed by unauthorized individuals.
  • An ICT expert from the ICT Authority stated that the system was sound and secure, but a majority of senators sided with Mutai's claims, dismissing the motion.
  • This is the second time in less than a year that Governor Mutai has avoided impeachment on procedural grounds, following a similar outcome in October 2024.
  • The decision was reached after three days of marathon hearings, with 16 MCAs voting to confirm that the assembly met the required numbers to pass the motion, while 1 senator abstained.

Statistics:

  • 26 senators voted in favor of Governor Mutai, affirming that the MCAs did not reach the two-thirds majority needed to impeach the governor.
  • 16 MCAs voted to confirm that the assembly met the required numbers to pass the motion.
  • 1 senator abstained from the vote.
  • The MCAs initially reported that 33 out of 47 members voted in support of the impeachment motion.
  • Governor Mutai's legal team successfully argued that the motion fell short of the two-thirds threshold required by the Constitution (32 votes instead of the minimum 31 and the Senate invalidated the motion on those technical grounds).

Sources:

  • "Kericho Governor Erick Mutai walked out of the Senate chambers a free man today after a tense and closely watched impeachment battle ended in his favour."