Kericho Governor Erick Mutai’s lawyer Katwa Kigen has urged the Senate to raise preliminary objection to the impeachment hearing at the Senate chambers on two grounds.

First, Kigen argued that a High Court order was issued by Justice Joseph Sergon of the Kericho High Court which directed that the governor continue serving his mandate even after his impeachment by the County Assembly on October 2, 2024.

Similarly, Kigen questioned whether the MCAs at the Kericho County Assembly followed the right procedure, especially in regard to the two-thirds rule as the threshold for impeachment.

Mutai was impeached after 31 MCAs of the 47 in the county, voted in favour of the impeachment motion moved by Sigowet MCA Kiprotich Rogony.

“If you come to 31, you have fallen short of the provision of Section 33 of the County Governments Act which says it must be at least two-thirds. It is our argument that this motion could only have succeeded if it had 31.3 and above. When it is scaled down to 31, it immediately fell short of the provisions of Section 33 of the County Governments Act,” Kigen argued.

Impeachment proceedings

However, the County Assembly lawyer Hillary Kiplangat said the 31 MCAs who voted to impeach Governor Mutai reached the two-thirds threshold.

Lead Counsel Katwa Kigen: The motion to impeach Kericho Governor Hon. Dr Erick Mutai by impeachment did not meet the two thirds threshold. #SenateLive pic.twitter.com/xlzXdR1Gya

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

“A judge in the high court by the name Justice Manani had held that when it comes to matters rounding off, one rounds off to the nearest whole number. When it came to that determination, the Speaker of the County Assembly was guided by a constitutional position which had been determined by a high court,” Kiplangat said.

Lawyer Kigen challenged the legality of the impeachment decision, urging the house to dismiss it on such technicalities.

Senator Boni Khalwale also said that there could not be a fraction of a human being and that the impeachment motion was void.

However, other senators prayed that the matter had reached the Senate and that it was only fair that the plenary be allowed to hear the substance and make a determination.

The governor is accused of failing to digitise revenue systems in the country, resulting in revenue shortfalls for the second year in a row.

The other charges fronted as the grounds for the governor’s impeachment are gross violation of the Constitution, acting against the Public Finance Management and the Leadership and Integrity Acts and engaging in unnatural sexual acts.