Embattled Kericho Governor Erick Mutai yesterday made last-ditch attempts to save himself from a possible ouster, hours before the hearing of an impeachment motion that commences in the Senate today.
Through his lawyers led by Katwa Kigen, Mutai filed last-minute submissions before the Senate where they raised questions regarding the constitutionality of the impeachment motion, the two-thirds required to impeach a governor, the presence of a court order prohibiting the assembly from delving into the matter as well as the absence of public participation.
“As the defence team, we have raised questions regarding the two-thirds threshold required that it should be 32 MCAs and not 31, the existence of a court order barring MCAs from dealing with the matter as well as there was no public participation done on the matter,” Kigen said.
The last-minute efforts to save Mutai came on the day Senate’s clerk, Jeremiah Nyegenye, released a schedule of how the impeachment motion would be done.
This is after nominated Senator Veronica Maina declined to second a motion by Nairobi Senator Edwin Sifuna seeking to have Mutai’s matter discussed in a committee as opposed to the plenary.
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 on grounds that included gross misconduct, abuse of power, and legal defiance.
The Governor is accused of abuse of office through illegal appointments, unlawful dismissal and transfers, and usurpation of the constitutions and statutory functions of county public service, discrediting and impeding the oversight role of the county assembly.
He is also accused of engaging in indecent behaviour forcing females to engage in unnatural acts and persistently intimidating, molesting and harassing county officers.
Further, he is accused of misappropriating over Sh9 million raised for the victims of the Londiani junction tragedy.
In addition, he is accused of misallocation and illegal drawing of county revenue and abetting misappropriation of publicly raised funds