Kingi gazettes special sittings for Kericho Governor Mutai’s Impeachment Trial » Capital News

NAIROBI, Aug 21 – Senate Speaker Amason Jeffah Kingi has gazetted three special sittings of the Senate to consider the impeachment charges against Kericho Governor Erick Mutai.

In a gazette notice published on Thursday, Speaker Kingi announced that the Senate will meet on August 27, 28, and 29 to investigate the proposed removal from office of Governor Mutai, who is facing allegations brought by Members of the Kericho County Assembly.

The sittings, scheduled to begin at 9:00 a.m. each day in the Senate Chamber at Parliament Buildings, will exclusively focus on hearing and determining the impeachment case.

“The business specified in this notice shall be the only business before the Senate during the special sittings,” Kingi stated.

Senators will hear the impeachment motion against the Kericho Governor through the plenary after they yesterday failed to support a motion by Majority Leader Aaron Cheruyoit (Kericho) to establish a special committee of 11 members to investigate the charges.

The motion by Senator Cheruyoit collapsed after Minority Leader Stewart Madzayo (Kilifi) declined to second it, prompting Speaker Amason Kingi to rule that the case will instead be heard by the whole House between Wednesday and Friday next week.

Governor Mutai and Members of County Assembly are required to file their submissions by Monday next week.

Governor Mutai is staring at a list of accusations touching on misappropriation of public funds, abuse of office, and gross misconduct, which the County Assembly claims amount to gross violation of the Constitution and other laws.

Misappropriation and Misallocation of County Finances

The governor is accused of authorising fictitious payments for undelivered goods and inflated supplies worth over Kshs. 85.7 million. Among the questionable claims were the alleged maintenance of 15 residential houses, purchase of agricultural inputs like soya beans and maize germ that were never delivered, and shockingly overpriced items including sodas allegedly bought at Kshs. 500 per bottle, tissue paper at Kshs. 2,750 per bale, and hand towels at Kshs. 3,600 apiece.

Auditors also flagged double payments to contractors from retention accounts for projects completed over five years ago, and more than Kshs. 5.1 million paid to firms without supporting documentation.

The governor further faces accusations of presiding over irregular procurements, splitting tenders, and approving advance payments even as Kericho’s pending bills ballooned to Kshs. 1.1 billion. A County Assembly Ad Hoc Committee report tabled in August 2024 confirmed instances of 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 Kshs. 351 million meant for farmers’ cooperatives was diverted, with only 19 out of 30 wards benefiting, and even then, many received only substandard furniture and farm inputs.

The governor’s home ward of Chemosot was said to have been unduly favoured under the Financing Locally-Led Climate Action (FLOCCA) Fund, receiving projects worth Kshs. 21.7 million, while several wards got nothing.

Mutai is also accused of launching the Equalizer Kazi Mtaani Initiative without legislation or budgetary approval, through which Kshs. 39 million was allegedly irregularly spent. Similar irregularities were reported under Strategic Intervention Projects (SIPs), including the upgrading of Kunyak Dispensary where Kshs. 8.5 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.

Misappropriation of Publicly Raised Funds

Mutai is further accused of mishandling over Kshs. 9 million raised by Kenyans of goodwill for victims of the Londiani junction accident in July 2023. The Assembly claims he was directly 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.

Abuse of Office

The governor is accused 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 Kshs. 2 million in costs.

The charges further cite 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 budgetary constraints.

Mutai also stands accused of attempting to undermine 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.

Gross Misconduct

The governor is accused of leading an illegal land invasion soon 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 alleged to have created a toxic work environment through bullying and intimidation of county staff, arbitrary dismissals, and coercion, thereby undermining fair administrative action.

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