The weight of evidence against him, and whether the two-thirds threshold for impeaching a governor was met, will seal the fate of Kericho Governor Erick Mutai today as he fights for political survival.
On Thursday, the governor mounted a spirited defence against his impeachment, with his legal team challenging the validity of electronic voting by Members of the County Assembly (MCAs).
To avoid becoming only the second governor to be removed from office since the 2022 elections, Dr Mutai argued that the threshold of 32 MCAs had not been met. He insisted that only 29 had legally voted.
The assembly maintains that 33 MCAs supported his removal, but the governor claims that four were voted for, rather than voting themselves. His lawyers argue those votes were intended to terminate the impeachment process before it moved to the substantive charges.
Senators are expected to rule today on these issues before deciding whether to proceed to a vote. If they do, Dr Mutai will be ousted if at least 24 senators vote for any of the charges.
Voting will be by delegation, meaning only the 47 elected senators are eligible.
On the witness stand, Kericho County Assembly ICT head Alfred Korir, who administers the voting system, was pressed on its integrity. The governor alleged that any MCA—or anyone linked to them—could vote, and pointed to evidence of multiple logins and compromised security.
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Defence lawyer Peter Wanyama told senators that penetration tests were never conducted on the system, that it was not foolproof, and that some MCAs struggled to log in up to seven times.
He cited logs showing nine MCAs used a single laptop, despite the assembly claiming only three were assisted to vote. “Are you aware if their telephone numbers were linked to the laptops, or were they voting on their phones?” he asked.
But assembly counsel Elias Mutuma dismissed the claims as speculative, saying the logs proved votes were cast in the Chamber.
Senators, however, raised concerns. Kitui Senator Enock Wambua questioned how a user could be logged in twice at the same time. Tana River Senator Danson Mungatana queried why Mr Korir “camped” inside the system during voting, while Kakamega Senator Boni Khalwale asked why such a “porous” system had been recommended at all.
Day 2 - Senate impeachment hearing of Kericho Governor Eric Mutai
Nandi Senator Samson Cherargei wondered how MCAs with basic “mulika mwizi” phones received voting links. Homa Bay Senator Moses Kajwang’ noted the assembly had admitted to presenting logs containing errors, and reminded members that a 2017 Supreme Court ruling required logs to be extracted in the presence of both parties.
Following the row, Speaker Amason Kingi called in ICT Authority of Kenya experts to audit the system. Their report, due this morning, will confirm how many MCAs voted, whether multiple voting occurred, and whether outsiders could have interfered.
Meanwhile, Kapkugerwet MCA Martin Cheruiyot Kiplangat testified that he did not vote but was impersonated, despite a voting link being sent to his phone, which he said was in his car at the time. He was among 18 MCAs who had demanded a roll-call vote, arguing the electronic system was open to manipulation.
Elgeyo Marakwet Senator William Kisang accused him of contradicting himself: “How come the 18 of you did not walk out or seek to be assisted to vote? If this is the governor’s best witness, then he is cooked.”
Kericho County Governor Erick Mutai before the Senate Nairobi on October 14, 2024 during the hearing of his impeachment.
Photo credit: Pool
The political dimension also surfaced, with Governor Mutai accusing Assembly Speaker Patrick Mutai of orchestrating his removal. The impeachment traces back to a July 10, 2025 letter from Deputy Governor Fred Kirui, citing financial impropriety.
Finance CEC Jackson Rop and several chief officers testified on contract splitting, over-procurement, double payments, falsified documents, and unsupported spending.
But Dr Mutai’s defenders argued procurement processes do not involve the governor directly. Senator Cherargei asked: “What is the nexus between what you have tabled before the House and the governor’s role?”
Senator Wambua pressed further: “Is he guilty simply for being head of county government, or can you directly link him to impropriety?”
