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The Senate of Kenya on Monday, October 14, 2024, kicked off the hearing of the impeachment case against Kericho County governor Erick Mutai.

Clerk of the Senate Jeremiah Nyegenye read to the county chief all the charges levelled against him by the Kericho Members of County Assembly (MCAs) that led to his impeachment.

Governor Mutai denies charges

However, Governor Mutai denied all the charges.

“I plead not guilty,” Governor Mutai responded to all the grounds that were read to him.

Hon. Dr Erick Mutai, the Governor of Kericho County, pleads not guilty to all the charges brought against him by the County Assembly of Kericho. #SenateLive pic.twitter.com/N3wdYtAbYi

— Senate of Kenya (@Senate_KE) October 14, 2024

Governor Mutai faces, among others, the accusation of gross violation of the Constitution and mismanagement of county finances.

Accusations against Governor Mutai

The MCAs argue that Governor Mutai misappropriated, misallocated and engaged in illegal drawings of county revenue and county finances, thus violating several provisions of the law, including Articles 10, 183, and 201 of the Constitution, as well as Sections 102 and 109 of the Public Finance Management Act.

“The grounds for your proposed removal from office by impeachment as received by the senate from the County Assembly of Kericho are as follows; Ground one, gross violation of the constitution and other laws; gross violation of the Constitution of Kenya 2010, the county governments act 2012, the public procurement and assets disposals act, the public finances management act 2012, and the Kericho county laws,” Nyegenye read.

Governor Mutai is alleged to have refused to implement an automated system for revenue collection, despite the requirements of the Kericho County Rating Act No. 5 of 2019.

According to the Kericho County Assembly, this failure to automate revenue collection left the county’s finances vulnerable to pilferage, misappropriation and theft leading to significant revenue losses.

In addition, Governor Mutai is accused of obstructing the implementation of a tender awarded on December 14, 2023, for the procurement of the Integrated County Revenue Management System.

Despite the tender being responsive, the County Assembly claims that the governor frustrated the process, allegedly preventing crucial improvements in the County’s Revenue Management System.

The Assembly further accuses him of disregarding a Valuation Roll that had been prepared and passed by the County Assembly back in 2016 and continuing to collect property rates based on an outdated Valuation Roll, which has resulted in substantial revenue losses for the County.

Londiani accident

The County Assembly also blames Governor Mutai for misusing the County Emergency Fund in response to the Londiani accident, in which several victims were compensated using public funds.

The Assembly argues that the governor’s actions were a cover-up for funds that had been raised by the public to support the victims but were misappropriated by a committee formed by the Governor to steer the fundraising efforts.

On the question of gross misconduct, Governor Mutai has been accused of engaging in acts of bullying, incitement and vilification of political opponents.

He is also accused of indecent sexual conduct.

Mutai was impeached by the county assembly of Kericho with 31 MCAs voting in support of his ouster motion after Sigowet Ward MCA Kiprotich Rogony tabled the impeachment motion against him on September 24, 2024, on grounds that included gross misconduct, abuse of power, and legal defiance.