Kericho Governor Erick Mutai.

How Governor Mutai Avoided Impeachment

It was a tense week in Parliament as the Senate took center stage for the impeachment trial of Kericho Governor Erick Mutai. The Governor, facing his second impeachment attempt, managed to survive the challenge after 25 MCAs supported his argument that the two-thirds majority required for his removal had not been met.

16 Senators voted against his argument, and one senator abstained. Most senators who spoke during the trial agreed with Mutai’s claim that there was uncertainty about the number of MCAs who voted, which they believed was sufficient grounds to save him.

This was despite testimony from an IT expert from the ICT Authority, who stated that 33 MCAs had voted. The County Assembly needed only 32 MCAs to meet the two-thirds threshold.

To bolster his case, Governor Mutai presented 18 MCAs as witnesses, all of whom claimed they had not voted during the County Assembly proceedings.

The Senate also conducted critical oversight missions in several counties, focusing on sectors like ICT, agriculture, and food security.

Throughout the week, the Senate remained in the spotlight as Governor Mutai faced his second impeachment trial within a year. On August 27, Mutai appeared before the Senate plenary, forcefully denying charges brought against him by the Kericho County Assembly. These included allegations of constitutional violations, abuse of office, and misconduct.

During the opening session, Senate Clerk Jeremiah Nyegenye read out the formal charges. Mutai strongly rejected the accusations, claiming they were politically motivated.

On August 28, the Governor’s defense centered on the legality of the electronic voting process used by the County Assembly to pass the impeachment motion. His legal team raised concerns about the constitutional validity and technical accuracy of the voting process.

Mutai’s lawyer, Katwa Kigen, argued, “The voting process was so flawed and manipulated that the Senate cannot rely on it.”

Over three days of intense hearings, Senators heard testimonies and conducted cross-examinations from both the County Assembly and the governor’s defense team. The Senate is now expected to vote on whether the required two-thirds majority needed to remove a governor from office has been achieved. This vote will determine if Mutai survives his second impeachment attempt.

In other Senate activities, the ICT Committee, led by Senator Allan Chesang (Trans Nzoia), conducted a crucial oversight visit to Kiambu County, where they evaluated the county’s Enterprise Resource Planning (ERP) system. This system, which has revolutionized revenue collection and service delivery, has led to a significant rise in Kiambu’s own-source revenue—from Sh2.9 billion in 2021 to Sh5.4 billion in the 2023/24 fiscal year.

Senator Chesang praised the Sh230 million system, which includes hardware, software, and data centers, calling it a model for digital governance nationwide. He stressed the importance of counties owning their ERP systems and source codes to ensure sustainability and independence.

Meanwhile, the Agriculture, Livestock, and Fisheries Committee, chaired by Senator David Wakoli (Bungoma), conducted a county tour, beginning with Uasin Gishu. Their visit to the National Cereals and Produce Board (NCPB) depot in Eldoret focused on grain storage conditions, reserve volumes, and fertilizer distribution. The committee also sought assurances on aflatoxin control and food safety.

Later, the committee visited Kenya Seed Company in Kitale, where they discussed challenges in seed production, such as aging infrastructure, delayed payments to seed growers, and limited land for seed cultivation. Senators urged counties to collaborate on land provision and expand irrigation systems to boost production.

Concerns were also raised about Kenya Seed’s Sh1.7 billion debt owed by both national and county governments, which has hindered growth. Additionally, the spread of counterfeit seeds, poor farm access roads, and inadequate distribution of certified seeds were cited as threats to national food security.

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