The plenary session is scheduled for between October 14 and 15, 2024, after a motion to establish an 11-member special committee failed.
The Senate on Tuesday, October 8 announced that it will review the impeachment of Kericho Governor Erick Mutai in a plenary session, a move that will see him face all Senators.
The plenary session is scheduled for between October 14 and 15, 2024, after a motion to establish an 11-member special committee failed.
Nairobi Senator Edwin Sifuna gave a notice of motion that whereas pursuant to Article 181 of the Constitution and Section 33 of the County Governments Act, “on Wednesday 2nd October 2024, the county assembly of Kericho approved a motion for the removal from office by impeachment of the Hon. Erick Mutai, governor of Kericho county” as captured by Mzalendo Watch.
In a gazette notice dated October 7, Senate Speaker Amason Kingi announced that Governor Mutai’s impeachment hearing by a special senate sitting was scheduled to kick off at 2:30 pm, despite court orders obtained by Mutai barring them from acting on his impeachment.
Senate speaker Amason Kingi during a past address. /PARLIAMENT KENYA
“Pursuant to Article 181 of the Constitution, section 33 (3) (a) of the County Governments Act (Cap. 265) and standing order 80 (1) (a) of the Senate Standing Orders. I appoint the sitting of the Senate on Tuesday, 8th October 2024 at 2.30 p.m. as the sitting convened for the purpose of hearing the charges in the matter of the proposed removal from office, by impeachment, of (Dr.) Erick Kipkoech Mutai, the Governor of Kericho County,” the notice read.
On October 3, Mutai obtained a court order barring the Senate Speaker Amason Kingi from acting in any capacity to any resolution by Kericho County Members of County Assembly (MCAs) seeking to throw him out of office.
“An order is hereby issued to restrain the Senate and the Speaker from receiving or acting on or presenting to the plenary of the Senate or allowing for debate at the Senate as plenary or at any Senate committees and or discussing and or making any decision or resolutions in regard to the impeachment of the petitioner- Governor, Kericho County,” the statement read in part.
Mutai had also received orders preventing the county assembly from sending their resolution to the senate speaker.
“Pending the interpartes hearing of the motion an interim order is hereby issued restraining the Speaker of the County Assembly of Kericho from submitting to the Senate the resolution made on 2nd October 2024 by the County Assembly of Kericho to impeach the Governor, Kericho County,” added the court order.
By going the plenary way, the Senate is seeking to ensure that all voices are heard and that the process is transparent. Instead of delegating the investigation to a committee, all Senators will now have the opportunity to participate fully in the debate, a move last used in the impeachment motion against Meru Governor Kawira Mwangaza in August.
31 Kericho Members of the County Assembly (MCA) on Wednesday, October 2 impeached Governor Mutai, despite the county boss securing a court order that stopped the proceedings temporarily.
The MCAs had accused the county boss of gross violation of the Constitution and other laws, the development meaning that Mutai is on the verge of joining a list of governors officially impeached since the promulgation of the 2010 Constitution- officially if the Senate and court decisions ratifying the same are taken into account.
The assembly’s action came a day after the court ruling by Justice Joseph Sergon, which barred the county assembly from continuing with the impeachment process until a petition filed by Governor Mutai is heard on October 15, 2024.
Still, Sigowet MCA Kiprotich Rogony, who led the charge, pushed on, alleging multiple offences, including misuse of public funds and indecent conduct.
The County Assembly of Kericho. /NAIROBI LEO