Besieged Kericho Governor Erick Mutai will face Senate plenary next week starting Monday as he fights to remain in office following impeachment by MCAs last week.
The development comes after a move to establish an 11-member special committee of the Senate to investigate charges leveled against the county boss flopped for lacking a seconder.
Subsequently, Dr Mutai’s impeachment trial at the Senate will be conducted in plenary between Monday, October 14 and Tuesday, October 15, 2024.
Making the announcement, Senate Speaker Amason Kingi said with a motion by Nairobi Senator Edwin Sifuna to establish the special committee having died naturally for lack of a seconder, the proposal stands defeated.
“The motion having been deemed to have been withdrawn, the proposal for a special committee has been defeated. The Senate will therefore proceed with the proposed removal from office by impeachment of Dr Erick Mutai in plenary…,” said Speaker Kingi.
“The clerk will immediately issue an invitation to appear to the parties who will then file their responses by October 12 and the Senate shall investigate the matter in plenary on Monday and Tuesday October 14 and 15, 2024,” he added.
The Senate leadership had resolved to constitute the committee to investigate the proposed removal from office, by impeachment, of Governor Mutai but this flopped.
Governor Mutai was impeached last week after 31 out of 47 MCAs voted to remove the county boss from office by impeachment over accusations of financial malpractices and failure by his administration to meet own source revenue collection targets.
But with special committee route flopping, Mr Mutai will now face all the 67 senators in plenary after which only the elected legislators will vote to either uphold or reject the resolution by Kericho County Assembly.
Why committee option flopped
Senator Sifuna’s motion did not attach the names of the members who were to be part of the committee and was waiting for the approval of the motion for the names to be attached and subsequently debated.
“The decision to go the special committee way or listen to the charges in plenary is a decision made in this House, which is why we as the leadership will always come to the membership with that choice. So that that choice is made and given as a direction to the leadership of the House on how members wish to proceed with this motion,” said Mr Sifuna.
However, nominated Senator Ms Veronica Maina, who was to second the motion, changed her mind at the last minute, putting paid to any effort of the committee route being considered.
“I have thought through the motion and it is in my very considered opinion that I would not wish to continue with seconding this motion. I therefore decline to continue with seconding this motion,” said Ms Maina.
This will be the third impeachment trial to be considered in plenary during the 13th Parliament. The Senate has dealt with five impeachments two of which were considered by a special committee.
Dr Mutai will be the second governor proposed to be removed from office by impeachment during the current term of Parliament.
Embattled Meru Governor Kawira Mwangaza is now battling for her fate in the courts after being removed from office.
Speaker Kingi received the resolution from Kericho County Assembly to remove the county boss from office on October 2, 2024 as well as documents in evidence of the proceedings of the Assembly.
Governor Mutai is facing three grounds for his impeachment including gross violation of the Constitution and other laws, abuse of office and gross misconduct.
Under the first ground, the county chief is accused of misappropriation, misallocation, and illegal drawings of county revenue and finances.
He is accused of presiding over an administration which has deliberately refused, failed, neglected and omitted to automate revenue collection, thus opening up the County’s own-source revenue to pilferage, misappropriation and theft.
Further, he is alleged to have frustrated the award of a tender for the procurement of the Integrated County Revenue Management System as well as disregarding a Valuation Roll prepared and passed by the County Assembly in 2016 to collect enhanced property rates, hence leading to substantial revenue losses.
This is in addition to exhibiting an opulent lifestyle since being elected, coercing the current and former county ministers to make financial allocations for his own use
On abuse of office, he is accused of illegal appointments, unlawful dismissal and transfers, and usurpation of the Constitutions and statutory functions of county public service.
On gross misconduct, Dr Mutai is accused of persistently intimidating, molesting and harassing county officers who do not sing to his tune, thereby creating an atmosphere of fear; and persistently using divisive and unbecoming language, which undermines the office he holds, among other allegations.
