Twice spared: Governor Mutai survives second impeachment bid

Kericho Governor Eric Mutai was second time lucky to evade the impeachment sword after the Senate voted to stop the impeachment proceedings against him.

In a session that ran late into the night, 26 Senators voted to save Mutai while only 16 Senators voted to send him packing. Notably, only one Senator abstained from voting.

When moving the motion to determine the ascertainment of the threshold required for the impeachment of Governor Mutai, Kakamega Senator Bonni Khalwale said:

“Mr. Speaker, this debate is taking place at a time when people out there are thinking that men and women of this house do not have their own minds or do not have the capacity to decide on such a huge thing. Let us do a good job so we can bring to shame those people who sit in offices other than the offices that they sit in,” said Khalwale.  

 “Although at the time of voting the system could have been better, it was proved to us that no one MCA could vote for the other. I therefore conclude by proposing that we give the people of Kericho an opportunity to hear your views on what you (senators) think about the allegations against the Governor. The only way you can do this is by making sure that this P.O. falls because 33 leaders in Kericho found through voting that the Governor had a case to answer before us,” he added.

And while seconding the motion, Narok Senator Ledama Ole Kina said, “I don’t want to belabor the point; the issue is very clear. When it comes to voting in this House, we have three choices: you either vote in the affirmative and say ‘yes,’ or you vote ‘no,’ or you abstain. It is impractical, Mr. Speaker, when voting is being carried out electronically, for a member to stand in the middle of the hall and say, ‘I abstain.”

Adding, “I urge the Senate to recognize  the ICT Authority and their findings and conclusions and proceed accordingly with the impeachment hearing so we can proceed to other matters that require the Senate to call these Governors to account over the resources we send to Counties.”

The tide, however, took a different turn with the Senators coming to the Defence of Governor Mutai.

Tana River Senator Danson Mungatana argued that when dealing with issues of threshold, the standard must be like the criminal level standard. “It must be beyond a reasonable doubt.”

“We are sitting here as a quasi-judicial unit, and it is a case that we are handling almost like a criminal case. The question we must ask ourselves is: what is the standard that must be met when we are approving things? If we agree on what the standard should be, then we should not have a problem with rejecting this motion,” said Mungatana.

“It is a universally accepted principle that you’d rather acquit ten suspects if in doubt than convict one unfairly. For the three days that we’ve sat here, on my part, I have not been able to understand this system that was used to impeach the Governor of Kericho County. I am unable to understand how this system was allocated to each person in terms of devices,” added Nyamira Senator Okong’o Mogeni.

Kericho Senator Aaron Cheruiyot was, however, adamant that the residents of Kericho would get justice by any means, hinting at another upcoming bid to try and oust Governor Mutai.

“I want to ask why you are making a ruling. I thought you already ruled that we invite an expert who has already gone through the system and given us a result. What are we debating, Mr. Speaker? Why are we voting Mr. Speaker? We are being unfair to ourselves…. upon the tabling of this report, we should have proceeded to look into the issues,” stated Cheruiyot.

“I have sat here for many years transacting impeachments, but I didn’t know the feeling when your own county is on trial…do you want to tell me that you are going home convinced that the County Assembly has not proved beyond a reasonable doubt that there is systemic corruption in Kericho County?" posed the Majority leader.

Amid cheers and jeers from the House, he added, “We will get justice by any means necessary. Because when public funds are pilfered, they are recovered…we want to tell you that by bad luck, if you escape the Senate today, you’ll not escape the next trap that the people of Kericho have set for you!”

But this didn’t deter the House from saving Governor Mutai from the impeachment gallows.

And in his ruling, Speaker Amason Kingi noted that the result of the vote on the division was “ ayes” 16, “neighs” 26, and abstentions one.

“The result of the division indicates that the motion has been negative and consequently the impeachment hearing hereby terminates,” ruled Kingi.              

Earlier, Governor Mutai had defended himself against corruption allegations.

Regarding claims of misappropriation of Sh351 million meant for the National Agricultural Value Chain Development Programme (NAVCDP), Mutai said the figure was “erroneous and sensational,” insisting the actual amount to be disbursed was about Sh281 million.

“NAVCDP funds and World Bank funds are donor-controlled, regulated, and audited. They are implemented by third parties who have not raised any complaints. No funds have been misappropriated or lost as alleged,” he stated through documents tabled in the House.

Mutai also denied involvement in the alleged Sh14.9 million procurement of goods, including soya beans, maize germ, sunflower seeds, and cottonseed cake, which were reportedly not delivered. He insisted that all items were delivered before payment, and documentation exists to support the same.

“The supporting requisition documentation and related materials are available in the elaborate defence lodged herewith,” the Governor noted.

On accusations of skewed, uncompetitive, and nepotistic appointments, Mutai said: “The authority to hire personnel, whether nurses or revenue clerks, rests solely with the County Public Service Board. It is untrue that I hired Victor Mutai or confirmed Chepkirui Mercy, as alleged.”

He explained that the Board conducted a transparent recruitment process, and Chepkirui Mercy was offered a three-year contract on June 3, 2025, based on merit.

“This appointment was made by the Department of Health, with full endorsement and recommendation of the County Public Service Board,” he said. “I maintain that the impeachment motion and its grounds are false, brought in bad faith, and driven by ulterior motives unrelated to public welfare.”