Senate resolves to conduct plenary trial for Mutai » Capital News
NAIROBI, Kenya, Oct 8 — Kericho Governor Erick Mutai will face the Senate plenary on Monday after Senators rejected a motion to constitute a Committee to consider the matter.
The notice of motion for formation of an 11-member ad-hoc committee sponsored by Nairobi Senator Edwin Sifuna flopped after it lacked a seconder.
Senator Sifuna had called upon Nominated Senator Veronica Maina to second the motion but she declined the invitation.
“I have thought through this motion and it’s my opinion that I would not wish to continue to second this motion. I therefore decline seconding it and request the Senator of Nairobi to give me an opportunity to second his well thought substantive motion,” Maina said.
The Speaker subsequently slotted sittings on Monday and Tuesday to consider the matter.
“The clerk should circulate the documents received by the parties including the plenary program hearing to all senators by 13th October 2024,” Speaker Amason Kingi directed.
Kericho County Assembly impeached the Governor Mutai in September after thirty-one ward representatives endorsed an impeachment motion against him.
Senate Speaker directed the Clerk Jeremiah Nyegenye to communicate to both parties in the impeachment by close of business on Tuesday.
“The parties to file their response to the office of the clerk of the senate by 12th of October 2024 by 5pm,” the Senate Speaker said.
Sexual misconduct
The first-term Governor’s impeachment followed accusations of sexual misconduct, abuse of power, and legal defiance against.
Sigowet Ward MCA Kiprotich Rogony presented the impeachment motion on September 24, 2024.
In his motion, Rogony further alleged that Mutai operated with impunity ignoring the rule of law, and compromised the integrity of his office.
Charges included claims of sexual misconduct, with female employees accusing the Governor of indecent and abusive behavior, including coercive sexual acts.
Sensing his impending removal, Governor Mutai had recently appealed to the ward representatives for forgiveness regarding his “mistakes.”
In the sexual misconduct case, one victim—whose identity is being safeguarded for her protection—has stepped forward.
Rogony intends to request that she be allowed to testify in camera during the hearing to preserve her dignity.
“There are numerous complaints of Governor’s indecent and unnatural sexual behavior by female partners who accuse the Governor of, for instance, forcing them to non-consensual anal sex dangerous and unprotected sex, etc,” read the motion in part.
Impunity
In addition to the sexual harassment claims, Governor Mutai is accused of leading a mob on his second day in office after being sworn in to invade private property.
The land in question, located within Kericho town and owned by Joseph Kiplangat Kogo, was reportedly seized by the Governor, who ordered the demolition of the property’s fence.
The governor then designated the parcel as an illegal dumpsite operated by the county, without obtaining consent from the rightful owner, the National Environment Management Authority (NEMA), or following proper legal procedures.
Rogony argues that the move was in direct defiance of a court order issued by the Environment and Land Court in Kericho under Petition No. E001 of 2022, which had ruled against the use of the land for such purposes.
“The actions are illegal, contemptuous to the authority and dignity of the court and the rule of law, unethical and demeaning the office the Governor holds as a result of the actions of the Governor, the county was condemned to pay the costs,” read the motion.
Further, Governor Mutai is accused of creating a hostile and toxic work environment for county employees.
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