Fictitious payments to “friendly” firms, double retention payouts, the controversial Sh9 million Londiani accident victims fund and allegations of harassment of senior county staff are among the accusations tabled by the Kericho County Assembly in its push to remove Governor Erick Mutai from office.
The charges, laid out before the Senate on Wednesday, formed the core of the impeachment motion against the first-term county chief.
The development came as Senate Speaker Amason Kingi dismissed an attempt by Governor Mutai’s lawyers to terminate the proceedings through a preliminary objection after ruling that the House must hear evidence before making a determination.
Led by advocate Elisha Ongoya, the County Assembly’s legal team painted a picture of a “rogue governor” presiding over a county administration plagued by financial mismanagement and abuse of office in less than three years of leadership.
Mutai at ouster hearing: 'The County Speaker wants my job'
Mr Ongoya detailed how Kericho County allegedly lost up to Sh8.4 million through double payments of retention money to at least eight companies contracted under Governor Mutai’s administration.
The firms named included Mengro Products Limited, Prospera Ventures Limited, Bree Ray Limited, Beet World Holdings Limited, Cherire Holdings Limited, Green 80 Limited, Spike Investments Limited and Roli Ventures Limited.
“If this was one isolated transaction, they possibly would have thought of excusing the governor. But the multiplicity of these transactions shows either a governor who is not in charge of his county or one who is complicit in the ills. We ask you to hold him to account,” Mr Ongoya told senators.
The counsel also accused the governor of taking the law into his own hands by allegedly invading private land to set up a county dumping site, terming the move evidence of high-handedness and impunity.
Kericho Governor Eric Kipkoech Mutai appears before the Senate during his impeachment hearing.
Photo credit: Dennis Onsongo | Nation
However, the most emotive accusation concerned the Sh9 million Londiani accident victims fund, which the assembly alleged remains unaccounted for.
“Unlike in the past where people have come here with generalised allegations on misappropriation, the County Assembly of Kericho has meticulously compiled vouchers pointing to these transactions,” said Mr Ongoya.
“We are making out a case that this is not a wild goose chase but one founded on tangible, visible evidence that can be verified.”
Witnesses who took the stand provided damning accounts of alleged intimidation within Governor Mutai’s administration.
Former ICT officer Kipng’eno Bett testified that he and other staff were forced to sign blank resignation letters, faced arbitrary dismissals — sometimes announced via Facebook posts — and were solicited for money by the governor and his aides.
“The governor and his personal assistants called me asking for money on several occasions, and I had to send it even if it meant doing a Fuliza loan. He also made us sign blank resignation letters with only his signature missing,” Mr Bett told senators.
He also alleged a climate of fear and manipulation in the county claiming that officers were threatened with dismissal if they did not comply with financial requests.
Taking the stand in his defence, Governor Mutai dismissed the accusations as a political witch-hunt orchestrated by rivals within the county assembly, particularly Speaker Dr Patrick Mutai, whom he accused of harbouring ambitions for the governor’s seat.
He argued that many of the charges against him were outside his official role, particularly the Londiani accident victims fund, which he insisted was managed by the county secretary and the county commissioner.
“What is happening in Kericho is a well-orchestrated political conspiracy to remove the governor for political expediency. The county assembly speaker wants to be governor. I beseech you to ensure both the people of Kericho and their governor get justice,” said Dr Mutai.
Kericho Governor Eric Kipkoech Mutai appears before the Senate during his impeachment hearing.
Photo credit: Dennis Onsongo | Nation
His lead counsel, Katwa Kigen reinforced this claim, accusing the assembly of financially inducing MCAs to support the impeachment motion.
Mr Kigen tabled an audio recording allegedly featuring Sigowet Ward MCA Kiprotich Rogony, the mover of the impeachment motion, offering Sh200,000 to fellow MCA Kibet Bosuben to swear an affidavit affirming that he voted in support of the motion.
“I had to vote on your behalf. I am in the Senate because of you. By me voting on your behalf, you impeached the governor,” a voice alleged to be Mr Rogony’s says in the clip.
The governor’s legal team also questioned the validity of the impeachment vote, arguing that 18 out of 47 MCAs did not vote, meaning the required two-thirds threshold could not be met.
“This voting was neither accurate, verifiable nor auditable. It does not satisfy the constitutional requirement,” argued Mr Kigen.
Lawyer Peter Wanyama, also part of the governor’s team, said the process amounted to a fraudulent pattern, urging senators to probe each MCA individually to confirm whether they voted.
In rebuttal, Mr Ongoya dismissed the governor’s preliminary objections as “sensationalism”, urging the Senate to treat them with the seriousness they deserve during cross-examination rather than as grounds to terminate the process.
He drew parallels with the impeachment of former Nairobi Governor Mike Sonko, where some MCAs claimed their accounts had been hacked during voting, saying Kericho was witnessing a similar strategy.
“The Hansard is the source of evidence. The only way to determine this is when MCAs stand trial and their testimony is tested. We have already demonstrated that this is not a new game in town,” he said.
After hearing both sides, Speaker Kingi ruled against the governor’s objection, describing it as premature.
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He said disputed facts such as the accuracy of the vote and allegations of inducement must be determined through witness testimony and cross-examination before the Senate can pronounce itself on the charges.
On the crucial issue of whether the impeachment vote met the two-thirds threshold, Mr Kingi ruled that this too would only be determined after senators review evidence and hear from witnesses.
“If the Senate finds that the two-thirds threshold of 32 MCAs was not met, then the impeachment proceedings shall immediately terminate,” he said.
“If, however, the Senate finds that the threshold was achieved, then it shall proceed to determine whether the impeachment charges have been substantiated.”
Governor Mutai, elected in 2022, faces a defining political battle that could cut short his first term in office.
The Kericho County Assembly has accused him of failing the leadership and integrity tests required of public officers under the Constitution, citing the alleged mismanagement of funds, abuse of office and victimisation of staff.
If convicted by the Senate, Mutai would become the latest in a growing number of county chiefs to be removed through impeachment, following in the footsteps of Mike Sonko (Nairobi), Ferdinand Waititu (Kiambu) and Martin Wambora (Embu), who was reinstated by the courts.
For now, Mutai's political survival rests with the Senate's evaluation of the evidence, a process expected to continue through heated hearings as both sides trade accusations of fraud, coercion and conspiracy.
