Date with destiny: Mutai stands before Senators in removal trial

Governor Erick Mutai is accused of gross violation of the Constitution and other laws, misallocation and illegal drawing of county finances and misappropriation of publicly raised funds. [File, Standard]

The fate of Kericho Governor Erick Mutai is in the hands of senators as the upper house is set to either uphold or throw out his impeachment by the county assembly.

The Senate will have a special sitting today when it will have a pre-hearing conference with Members of County Assembly (MCAs) who will present their evidence to support the impeachment motion against the embattled governor.

Dr Mutai will then appear before the Senate tomorrow during which he will have an opportunity to defend himself against accusations raised against him then Senators will vote to decide on whether to uphold or dismiss his impeachment. 

Former governors Mike Sonko (Nairobi), Ferdinand Waititu (Kiambu) and Kawira Mwangaza (Meru) have in the past taken through the impeachment process.

Former county bosses Martin Wambora (Embu), Paul Chepkwony (Kericho), Mwangi wa Iria (Muranga) Nderitu Gachagua (Nyeri) Anne Waiguru (Kirinyaga) Mohammed Abdi(Wajir) and Granton Samboja (Taita Taveta) have also faced also impeachment proceedings since inception of devolution.

Wambora was the first governor to face the impeachment process in 2014 with Embu County Assembly impeaching him twice.

The Senate upheld the second impeachment only for the Court of Appeal to save him in 2015 allowing Wambora to complete his first term and got re-elected for the second term, and even became chairman of Council of Governors. 

Prof Chepkwony who had been impeached in 2014 survived after an 11-member special Senate committee cleared all the charges that he faced after being accused of gross violation of the Constitution.

Wa Iria was impeached in 2015 but the motion did not pass in the Senate, a similar reprieve for Samboja who was saved in 2019 after being impeached.

The late Nderitu survived an impeachment in September 2016 after Senators dismissed all the charges brought against him.

The governor who was ailing at the time died in office in February 2017 while receiving treatment for cancer in Britain.

Waiguru, who is currently serving a second term in office, had been impeached in 2020 by MCAs but Senate cleared her of the charges.

She was later re-elected and was elected chairperson of the Council of Governors.

The Senate upheld the impeachment of Abdi in April 2021 with his deputy Ahmed Muktar being sworn in office only for the court to reinstate him a few months to the 2022 general election.

As Mutai’s political career hangs in balance, Senate Speaker Amason Kingi made a communication to the House last week that he had received a notice from the Speaker of Kericho County Assembly informing him of the passage of the impeachment. 

“The governor is accused of gross violation of the Constitution and other laws, misallocation and illegal drawing of county finances and misappropriation of publicly raised funds,” said Kingi.

Mutai is also accused of abuse of office through illegal appointments, unlawful dismissal and transfers, and usurpation of the Constitution and statutory functions of county public service, subversion, discrediting and impeding of the oversight role of the County Assembly.

Further, the county boss is accused of engaging in indecent and unnatural sexual behaviour.