Kericho Governor Erick Mutai has survived impeachment in the Senate due to a procedural technicality.
Senate Speaker Amason Kingi ruled that the preliminary objection on whether a two-thirds threshold was met by the County Assembly of Kericho should be determined by the Senate through a vote.
In a landmark ruling, 34 senators cast their votes in favor of maintaining a preliminary objection put forth by the governor.
"Honourable Senators, the result for the division is as follows, ayes are 34, nays 10, and abstention at zero so the ayes have it.
"Honourable senators, the motion having been approved, the hearing proceedings on the proposed removal from office by the impeachment of honourable Dr Erick Kimutai, the Governor of Kericho County, hereby terminates and the senate now stands adjourned," Kingi said.
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Mutai was on October 2, 2024, impeached by 31 out of 47 Members of the County Assembly (MCAs), despite a court order halting the proceedings.
The motion, led by MCA Kiprotich Rogony, cited gross misconduct, abuse of office, and constitutional violations.
Key accusations included illegal staff appointments, mismanagement of county funds, and failure to implement a digital revenue collection system, resulting in significant financial losses for the county.
Notably, the impeachment process was contentious as 16 MCAs supporting Mutai boycotted the session, arguing that the required two-thirds majority for impeachment had not been met.
Nonetheless, Speaker Patrick Mutai ruled that the vote was valid after which the case was moved to the Senate.