Mutai to face Senators from Wednesday next week as Senate sets key timelines » Capital News

NAIROBI, Kenya, Aug 20 — Senators will hear the impeachment motion against Kericho Governor Erick Mutai in plenary after a proposal to form a special committee collapsed in the House.

Majority Leader Aaron Cheruiyot (Kericho) had sought to establish an 11-member committee to investigate the charges, but the motion failed after Minority Leader Stewart Madzayo (Kilifi) declined to second it.

Speaker Amason Kingi consequently ruled that the case will be heard by the whole House between Wednesday and Friday next week.

Both Governor Mutai and the County Assembly are required to file their submissions by Monday.

The governor faces a raft of accusations, including misappropriation of public funds, abuse of office, and gross misconduct, which the Assembly says amount to gross violation of the Constitution and other laws.

Governor Mutai is accused of authorising fictitious payments for undelivered goods and inflated supplies worth over Sh85.7 million.

Questionable expenditures flagged include the alleged maintenance of fifteen residential houses, procurement of agricultural inputs such as soya beans and maize germ that were never delivered, and outrageously overpriced items—among them sodas allegedly bought at Sh500 per bottle, tissue paper at Sh2,750 per bale, and hand towels at Sh3,600 apiece.

Auditors also flagged double payments to contractors from retention accounts for projects completed more than five years ago, as well as Sh5.1 million paid to firms without supporting documents.

The governor is further accused of presiding over irregular procurements, splitting tenders, and approving advance payments even as Kericho’s pending bills ballooned to Sh1.1 billion.

Fraud allegations

A County Assembly Ad Hoc Committee report tabled in August 2024 cited forged signatures, fraudulent paperwork, and attempts to cover up theft.

Funds under national programmes were also allegedly mismanaged. Under the National Agricultural Value Chain Development Project (NAVCDP), more than Sh351 million earmarked for farmers’ cooperatives was diverted. Only 19 of the county’s 30 wards reportedly benefited, and even then, many received only substandard farm inputs and furniture.

Mutai’s home ward of Chemosot was said to have been unduly favoured under the Financing Locally-Led Climate Action (FLOCCA) Fund, receiving projects worth Sh21.7 million while several wards got nothing.

He is also accused of launching the Equalizer Kazi Mtaani Initiative without legislation or budgetary approval, through which Sh39 million was allegedly spent irregularly.

Similar irregularities were reported under Strategic Intervention Projects (SIPs), including the upgrading of Kunyak Dispensary, where Sh8.5 million was paid despite no work being done.

Further, the governor allegedly coerced county officials to divert funds for his personal use and misused emergency funds following the Londiani accident, despite public donations having already been raised for victims.

Mutai is also accused of mishandling over Sh9 million raised by Kenyans of goodwill for victims of the Londiani junction accident in July 2023.

Flawed tendering

The Assembly claims he was complicit in awarding flawed direct tenders for services during the fundraiser and requiem mass, while failing to act on an Ad Hoc Committee report that exposed the scandal.

The governor faces charges of nepotism and illegal appointments, including hiring his brother as a revenue clerk and confirming his aide’s wife as a nurse over more qualified candidates.

He is also faulted for appointing a County Attorney while the substantive office holder was still in place—a decision later declared unlawful by the Employment and Labour Relations Court, which ordered him personally to pay Sh2 million in costs.

Further accusations include irregular deployment of health workers without consulting the County Public Service Board, arbitrary dismissal of senior county officials—including ten CECs and six chief officers—and politicising public recruitment despite severe budgetary constraints.

Mutai also stands accused of undermining the oversight role of the County Assembly after he wrote to Speaker Patrick Mutai on September 3, 2024, purporting to dictate how Assembly summons to county officers should be handled.

The governor is accused of leading an illegal land invasion shortly after assuming office, when he allegedly stormed private land in Kericho town belonging to businessman Joseah Kiplangat Kogo, tore down its fence, and declared it a county dumpsite despite a subsisting court order.

He is further accused of fostering a toxic work environment through bullying and intimidation of county staff, arbitrary dismissals, and coercion, undermining fair administrative action.

The charges also cite his persistent use of divisive and abusive language, which the Assembly says has brought disrepute to the Office of Governor and violated leadership and integrity standards expected of State officers.