The Kericho County Assembly has fiercely defended the legitimacy of its impeachment motion against Governor Eric Mutai, dismissing his legal team’s claims of vote manipulation as “baseless and misleading.”
Led by renowned constitutional lawyer Elisha Ongoya, the County Assembly’s legal team responded point-by-point to a preliminary objection raised by Governor Mutai’s defense, which had alleged that the impeachment process was triggered by a non-existent or fraudulent vote.
“Mr. Speaker, the Governor’s team is not attacking the law, they are attacking technology,” Ongoya told the Senate.
“But even in doing so, their argument fails. The vote was conducted lawfully, using a system adopted under our Standing Orders and ratified by the County Assembly itself.”
Earlier in the day, Governor Mutai’s lawyers, Katwa Kigen and Peter Wanyama, argued that no lawful vote took place, claiming that at least 18 Members of County Assembly (MCAs) did not participate and that the system used lacked transparency.
Ongoya, however, insisted that the voting process was not only valid and procedural, but also supported by a detailed audit trail, logs, and affidavits verifying its integrity.
“They allege that 18 MCAs didn’t vote. We say: look at the logs. The system captured every entry, every timestamp, and every vote cast. The claim that there was no voting is simply not true,” he said.
The lawyer emphasized that the electronic voting system was developed in accordance with Standing Orders 77 and 77A, and included built-in mechanisms to verify and secure each MCA’s vote.
“It’s 2025, digital governance is not a loophole, it’s a standard. Our system was secure, our process was clear, and we followed the law,” Ongoya argued.
He also addressed the claim that MCAs voted twice or impersonated others, calling it a “deliberate distortion.”
“The Governor’s team talks about double voting and impersonation without solid evidence. If these things occurred, why haven’t we seen police reports, system breaches, or official complaints before today?” Ongoya questioned.
To further strengthen their position, the County Assembly’s legal team pointed to annexed documentation, including affidavits from their own IT experts, the Assembly Clerk, and an audit report that they say confirms the process was legitimate.
“The documents speak louder than speculation. We have provided everything, audit logs, affidavits, login histories, and nowhere do they show the kind of fraud the Governor’s team is alleging.”
Ongoya concluded by urging the Senate to reject the preliminary objection and proceed to the full hearing of the charges facing Governor Mutai, which include abuse of office, gross misconduct, and procurement violations.
“This objection is simply a distraction tactic. The people of Kericho deserve a full and fair hearing of the serious charges before this House,” he stated.
Senate speaker is expected to issue a ruling on the preliminary objection at 2:30 pm when the afternoon session resumes
