Kenyan Senate opens impeachment hearing for Kericho Governor on Katiba Day.

Kenya’s Senate began a plenary hearing on the impeachment of Kericho County Governor Eric Mutai, coinciding with Katiba Day, the 15th anniversary of the country’s 2010 constitution. Mutai, facing charges of gross violation of the constitution, abuse of office, and gross misconduct, was impeached by the county assembly earlier this month.

The session in Nairobi marks his second appearance before the Senate on similar grounds after a previous impeachment was dismissed in 2024.

Senate Speaker Amason Kingi ruled on a preliminary objection from Mutai’s legal team, which challenged the county assembly’s voting process, alleging irregularities and failure to meet the two-thirds threshold of 32 out of 47 members. Kingi dismissed the objection as premature but ordered it addressed before final voting on the charges, emphasizing the need for evidence from both sides.

In opening statements, county assembly counsel Tom Ojienda described Mutai’s tenure as marked by “bad behavior,” citing evidence of double payments on contracts totaling over 8 million Kenyan shillings ($62,000) and misuse of funds from a tragic 2023 Londiani accident relief effort. Witnesses, including former chief officers, testified to demands for personal payments via M-Pesa, totaling hundreds of thousands of shillings, and public humiliation, including derogatory remarks about disabilities.

Mutai’s defense, led by Katwa Kigen, countered that the allegations stem from political machinations by the county assembly speaker and lack direct evidence against the governor.

They argued the voting system was vulnerable to manipulation and that Mutai had no role in procurement irregularities. The governor denied wrongdoing, calling the process a “political conspiracy” and urging separation of his responsibilities from those of county executives.

The hearing, expected to conclude by Friday, underscores ongoing tensions in Kenya’s devolved governance system. If upheld by at least 25 senators on any charge, Mutai would be removed, potentially setting a precedent for accountability in county leadership.

Analysts note the timing on Katiba Day highlights constitutional ideals of integrity, with anti-corruption watchdogs calling for thorough scrutiny to prevent impunity.

 

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