Katwa Kigen to lead lawyers defending Kericho Governor Mutai as Senate impeachment proceedings begin » Capital News
NAIROBI, Kenya, Aug 27— The Senate on Wednesday began hearings into the impeachment of Kericho Governor Eric Mutai, who was ousted by the County Assembly on August 15 over allegations of gross violation of the Constitution, abuse of office, and misconduct.
The Assembly accuses Mutai of multiple instances of financial impropriety, nepotism, illegal appointments, and contempt of court orders.
Documents tabled in the Senate detail alleged misappropriation of county funds, disregard for procurement laws, and breaches of the Public Finance Management Act.
Governor Mutai has assembled a six-member legal team led by renowned lawyer Katwa Kigen, who previously defended President William Ruto at the International Criminal Court (ICC).
Other lawyers in his team include Peter Wanyama, Rose Wanjiru Thiong’o, Doris Ng’eno, Joash Mitei, and Evanson Kirui.
Mutai’s lawyers have already filed three preliminary objections, challenging the legality, procedure, and integrity of the impeachment process.
They argue that the Assembly’s impeachment vote violated an active High Court conservatory order issued in Kericho on August 14, which barred debate or voting on the motion until an inter partes hearing set for August 28.
The impeachment did not meet the constitutional threshold required under Article 181 of the Constitution and Section 33 of the County Governments Act.
The electronic voting system used by MCAs lacked transparency and accountability, rendering the process “deeply flawed.”
Senate Speaker Amason Kingi confirmed that the matter would be heard in plenary, as outlined under Article 181 of the Constitution, section 33 of the County Governments Act, and Standing Order 80 of the Senate Standing Orders.
The hearings, running from August 27–29, will follow a structured program:
On Day 1 the program will begin with formal reading of charges, Governor’s plea, and opening statements from both the County Assembly and the Governor.
On the second day, presentation of the Assembly’s case will be done followed by cross-examination, and Mutai’s defense presentation, each side allocated a maximum of five hours.
Senators will also have an opportunity to seek clarifications.
On the last day, closing statements of not more than one hour from each side will be allowed, followed by Senate debate and voting.
Voting will be done by county delegations as per Article 123 of the Constitution.
If a majority of delegations support at least one charge, Governor Mutai will cease to hold office. If the Senate rejects the charges, Speaker Kingi will notify the Kericho County Assembly that the governor remains in office.
The Kericho County Assembly is represented by a legal team comprising Kiprotich Rogony, Albert Kipkoech, and Vincent Korir.
The Assembly insists that Mutai engaged in systematic abuse of office, including violation of the Constitution, the Public Procurement and Asset Disposal Act, and county laws.
The Senate is expected to make its final determination by Friday evening, August 29, 2025.