Kericho Governor, Dr. Erick Mutai has firmly denied all allegations levelled against him by the County Assembly of Kericho as his impeachment trial kicked off before the Senate this Wednesday.

Appearing before the Senate plenary on the first day of the hearing, the embattled county boss dismissed the charges read to him by the Clerk of the Senate, Mr. Jeremiah Nyegenye.

𝑇ℎ𝑒 𝐶ℎ𝑎𝑟𝑔𝑒𝑠: 𝐺𝑟𝑜𝑠𝑠 𝑉𝑖𝑜𝑙𝑎𝑡𝑖𝑜𝑛 𝑜𝑓 𝑡ℎ𝑒 𝐶𝑜𝑛𝑠𝑡𝑖𝑡𝑢𝑡𝑖𝑜𝑛

The Kericho County Assembly accuses Dr. Mutai of gross violation of the Constitution and other laws, the first of three grounds on which the impeachment is anchored.

Central to this charge are allegations of misappropriation and misallocation of county finances, with claims that the governor sanctioned fictitious payments for works, goods and services between January and July 2025. According to the Assembly, these payments, amounting to Kshs. 85.7 million were made for projects and supplies that were never delivered, occasioning a direct loss to the county.

The Assembly further alleges that Governor Mutai oversaw procurement processes that blatantly flouted the law. No tender opening committees were constituted contrary to Section 78 of the Public Procurement and Asset Disposal Act (2015) and Regulation 25 of its 2020 Regulations. Similarly, no professional opinions were prepared for the accounting officers, violating Section 84 of the same Act.

The charges extend to the National Agricultural Value Chain Development Project (NAVCDP), a donor-supported programme. Between 2023 and 2025, the governor is alleged to have condoned the misappropriation and misallocation of more than Kshs. 351 million under the project.

According to the Assembly, office furniture and equipment supplied under NAVCDP were of poor quality, offering little value for money. The procurement process, it is claimed ignored Section 124 of the Public Procurement Act, which obliges procuring entities to use the Quality and Cost-Based Selection method.

“There is evidence that the Governor has been authorising withdrawals from the Fund for reasons other than those for which it was created by the donor,” the charge sheet reads.

𝐴𝑏𝑢𝑠𝑒 𝑜𝑓 𝑂𝑓𝑓𝑖𝑐𝑒 𝐴𝑙𝑙𝑒𝑔𝑎𝑡𝑖𝑜𝑛𝑠

The second ground against the governor relates to abuse of office, centred on allegations of illegal appointments, unlawful dismissals, irregular transfers and usurpation of statutory functions of the County Public Service Board.

The Assembly claims that since assuming office, Dr. Mutai has dismissed at least ten County Executive Committee Members, six Chief Officers, two Chiefs of Staff and several other senior staff without lawful justification.

“His actions have exposed the county to costly litigation and the risk of huge compensation payouts. This firing spree was not about accountability but rather a demonstration of raw power. That is where the abuse lies,” the Assembly’s submission noted.

One specific incident is cited from 3rd September 2024, when the governor allegedly violated Articles 10, 73, 75, 174 and 185(3) of the Constitution by writing to the County Speaker, purporting to dictate the timelines within which summoned chief officers should appear before the Assembly for questioning. The Assembly argues this was a direct usurpation of its constitutional oversight mandate.

𝐴𝑙𝑙𝑒𝑔𝑎𝑡𝑖𝑜𝑛𝑠 𝑜𝑓 𝐺𝑟𝑜𝑠𝑠 𝑀𝑖𝑠𝑐𝑜𝑛𝑑𝑢𝑐𝑡

On the third and final ground, Dr. Mutai faces accusations of gross misconduct, including bullying, incitement and vilification of county staff and residents.

He is accused of running the county “with impunity, as though he were above the law.” The Assembly cited an incident just two days after his swearing-in, when the governor allegedly led a mob to invade land belonging to one Mr Joseah Kiplangat Kogo in Kericho town. The property’s perimeter fence was torn down and the land was subsequently designated as a county dumpsite.

This action, according to the charges, was undertaken without the consent of the owner, without approval from the National Environment Management Authority (NEMA), without gazettement by the county and in defiance of an existing Environment and Land Court order in ELC Petition No. E001 of 2022, Joseah Kiplangat Kogo vs. County Government of Kericho.

𝐿𝑒𝑔𝑎𝑙 𝑡𝑒𝑎𝑚𝑠 𝑐𝑙𝑎𝑠ℎ

The Senate hearing opened with the legal teams of both parties seeking the Senate`s determination on some preliminary matters. The Assembly’s case is being prosecuted by the legal team led by Mr. Elisha Ongoya, while the governor is represented by a team led by Senior Counsel, Mr. Katwa Kigen.

Mr. Ongoya requested the Senate to admit additional documents that had not been included in the initial bundle due to the large volume of submissions. The request was fiercely opposed by Mr. Kigen, who argued that it amounted to introducing new evidence midway through the proceedings.

However, after consideration, Speaker Amason Kingi allowed the documents to be admitted. 

Earlier in the morning session, Governor Mutai’s team objected to the commencement of the hearing, arguing that the impeachment process at the County Assembly was fundamentally flawed.

Mr. Kigen contended that the Assembly’s voting on the impeachment Motion was not verifiable and that the constitutional requirement of a two-thirds majority had not been met.

“The voting system does not demonstrate that a lawful process took place. It lacks credibility and falls short of the constitutional threshold. We urge this House to reject the Motion in its entirety,” he submitted.

In response, Mr. Ongoya urged the Senate to dismiss the objection, maintaining that due process had been followed at the county level.

“Matters raised here should be tested through trial. We appeal to this House to allow the hearing to proceed so that issues of fact and law can be properly determined,” he said.

The Speaker is expected to deliver a ruling on the matter during the afternoon session, a decision that will either stop the process or allow it to proceed.