Kericho Governor Erick Mutai when he appeared before Senate's County Public Accounts Committee in Nairobi on September 19, 2023.
In the run-up to the 2022 General Election, Erick Mutai once strode confidently onto the political stage earning the nickname “The Equalizer”.
His rallying call for social justice, fairness, and equity resonated with the electorate, promising a new dawn for a community long plagued by inequality and corruption.
But the vibrant echoes of his promises have since faded, overshadowed by a growing cloud of controversy and discontent among the leaders and residents of Kericho County.
As he now faces an imminent impeachment motion, the very principles that once propelled Dr Mutai to office are being scrutinised and challenged.
The former lecturer at the Embu University is practically fighting for his political survival.
Barely two years in office, Dr Mutai is embroiled in a political storm that threatens to derail his leadership.
Significantly, 37 out of 47 Members of the County Assembly (MCAs) have united to support an impeachment motion against Dr Mutai.
Led by Kiprotich Rogony (Sigowet Ward), the MCAs have accused Governor Mutai of gross violations of the Constitution and other laws, citing multiple instances of misconduct and administrative failure.
With political temperatures rising, County Assembly Speaker Patrick Mutai has scheduled the governor's defence for October 2, 2024. The occasion will determine whether the Assembly will proceed with a vote on the impeachment motion.
The Assembly's Standing Orders stipulate that the hearing must happen within seven days of the motion being tabled, and on the same day, the MCAs will vote on the impeachment based on the allegations presented.
For the motion to sail through, it will require the support of 32 MCAs, failure to which the motion will be dismissed.
The political crisis in the county has been compounded by the bad blood between Dr Mutai and his deputy Fred Kirui. The two have fallen out over a pre-election power-sharing agreement that Mr Kirui claims has not been honoured.
The feud between the two leaders may have created a ripe environment for the current challenges that the governor is facing.
In his motion, Mr Rogony levelled serious charges against the county boss, citing “connivance, complicity, misappropriation, misallocation, and illegal drawings of county revenue and county finances.”
The MCAs have also cited numerous instances of alleged misconduct, gross violations of national and county laws, and abuse of office on the part of the governor.
“The Governor has, on multiple occasions, directly and indirectly engaged in acts and conduct which, severally and collectively, constitute gross violation of the Constitution, gross violation of other written laws, gross misconduct and abuse of office,” Mr Rogony said.
Mr Rogony also stated that “by his acts and conduct, the Governor has exposed the Office of the Governor, the Assembly and the People of Kericho to ridicule, embarrassment, shame and disrepute.”
“The conduct of the Governor has been scandalous and embarrassing to the high office of the County Governor, an office held in public trust and whose authority ought to be exercised in a manner consistent with the purpose and objects of the Constitution,” he says.
Among the specific accusations levelled against Dr Mutai is an incident where he allegedly openly vilified Kapkatet Ward MCA Amos Birir during an event on August 24, 2023.
Also, on March 4, 2024, he is alleged to have threatened a member of the public, a certain Mr Marwa, and disparaged him in a manner deemed unacceptable for someone in his position.
Moreover, he is also facing accusations of neglecting his constitutional duties, particularly concerning the county's revenue collection systems.
According to Mr Rogony, the county had advertised for an Integrated County Revenue Management System on December 14, 2023. However, he claims that the governor frustrated the award of the tender, allowing significant revenue losses to occur as a result.
The absence of an automated system has led to substantial revenue shortfalls, with collections falling short of projections by more than 50 per cent over two consecutive financial years, according to the MCA.
“Despite the tender being responsive, and a compliant tenderer being proposed to the tendering committee for the award of the tender, there is evidence that the Governor frustrated the award of the said tender,” Mr Rogony said.
Governor Mutai's administration has also been accused of disregarding the valuation roll prepared and passed by the County Assembly in 2016 pursuant to the Valuation and Rating Act, Cap 266 thus the County continues to collect property rates under the Old Valuation Roll occasioning the County substantial revenue losses.
“The revenue leaks and losses has seen the County miss revenue targets for two consecutive financial years where by the revenue collection fall short of the projected revenue by more than 50 per cent,” Mr Rogony stated.
“There is a nexus between the disappearance and loss of the County Revenue and the Governor’s opulent lifestyle since he was elected. Within two years, the governor’s wealth has grown exponentially, so much so that he can now afford to contribute up to Sh1 million in a single harambee” the MCA stated."
The Governor is also facing accusations of presiding over irregular award of contracts and evasion of accountability, willfully interfering in the procurement processes and the award of tenders, skewed tender awards to various contractors at inflated rate and in collusion with fraudulent contractors and suppliers.
There are also facing accusations of irregular implementation of various programmes in the county, intentionally and negligently presiding over massive theft of county public funds evidenced by the Auditor General Report for the Financial Year ended June 30, 2023 which raised red flags over various projects.
“The present and former County executive committee members and chief officers have variously reported coercion by the Governor to make financial allocation for the Governor’s own use from the funds allocated to their respective departments and which funds they were required to remit through the Governor’s Personal Assistants,” the accusation reads.
It has also been alleged that on or about August 31, 2023, Governor Mutai engaged in gross violation of the Constitution and the Public Finance Management Act, 2012 by launching the “Equalizer Kazi Mtaani Initiative” programme and drawing county funds towards the initiative without legislation to anchor it on.
There are claims that there was no public participation, prior approval of the county assembly and the Controller of Budget and the necessary prior approval of the budget, and appropriation approval.
The ghosts of the Londiani accident which occurred on June 30, 2023 killing 54 people and injuring 23 people have returned to haunt the Governor with claims that Sh9 million of public funds were lost through the emergency kitty.
“On 15th August, 2023, the Governor compensated the victims of Londiani accident from the County emergency fund cover up for the funds raised by the public and misappropriated by a committee he had formed to steer the fund drive, and without a cogent explanation of how the funds publicly raised for the victims had been expended,” Mr Rogony stated.
Deputy President Rigathi Gachagua raised Sh14.3 million for the victims on July 4, 2024, which was allegedly misappropriated by a committee chaired by immediate former County Secretary Wesley Bor, who has since resigned from the position with an impeachment motion hanging around his neck.
Instead of the money being distributed to the families of the victims, it was allegedly used to pay bills before the county assembly stepped in and investigated the issue.
“While the Governor is on record indicating that the medical bill for all the victims would be waived and taken care of by the County Government, it is not clear why money had to be paid out from the fund collected to various public hospitals against the express and unequivocal representation of the Governor” Mr Rogony stated.
Two days after being sworn into office, the Governor allegedly led members of the public in tearing down a fence in a land belonging to a resident – Joseah Kiplangat Kogo – and turned the property into a dumpsite without the consent of the registered owner.
The property was turned to a dumpsite without the approval of the National Environment Management Authority (Nema) and the county did not gazette it as a designated dumpsite.
The county also disregarded orders from the Environment and Lands Court barring it from interfering with the property in question.
“The Governor has obstructed the enforcement of the orders by the police administration which action are illegal, contemptuous to the authority and dignity of the court and the rule of law, unethical, demeaning the officer the Governor holds.”
It is also alleged that the Governor appointed Ms Alice Bett, now a Judge of the High Court, as a County Attorney when there was a substantive office holder (Mr Gideon Mutai) in a matter that ended in court with the Governor directed by the judiciary to pay costs of Sh2 million.
“The Governor has therefore been already adjudged to be in gross violation of the law and all the Assembly and the Senate are called upon to do is to remove him by impeachment,” Mr Rogony stated.
Further, the Governor has been accused of causing the advertisement of the positions of doctors, nurses, Early Childhood Education (ECDE) teachers just to endear himself politically when he knew the county government did not have the capacity to hire.
“The Governor has persistently intimidated, molested, harassed county officers who do not sing to his tune leaving the officers jittery and creating an atmosphere of fear, uncertainty and despondency in the county, thus creating a toxic working environment," the accusations further state.
