Embattled Kericho Governor Eric Mutai suffered a first attempt defeat in the Senate on Wednesday after Speaker Amason Kingi dismissed a preliminary objection raised by his lawyers, ruling that the matter must proceed to full hearing.
The governor’s legal team had urged the Senate to throw out the impeachment proceedings, arguing that the Kericho County Assembly failed to meet the legal threshold and that the integrity of the electronic voting system used during the impeachment was questionable.
However, in a detailed ruling delivered from the Senate chamber, Speaker Kingi stated that the issues raised by Mutai’s lawyers were factual, not legal matters, and therefore did not qualify as valid grounds for stopping the process at this stage.
“The issue of whether the impeachment of the Governor met the threshold required under Section 33(2) of the County Governments Act is a contested factual question, not a point of law,” said Kingi.
“This objection is therefore premature and cannot be determined without hearing both parties and examining the evidence presented.”
Mutai’s legal counsel had questioned whether the required two-thirds majority of MCAs had voted for his removal on August 15, citing irregularities in the voting system, including the use of phone-based links and ID numbers as login credentials, rather than secure biometric or in-person verification.
“This system was not only irregular but vulnerable to compromise,” argued the Governor’s legal team, warning that such a process undermines the validity of the impeachment.
They also submitted various documents, including Hansard records, signed lists of MCAs, Gazette notices, and payment vouchers from departments allegedly tied to corruption claims against the governor.
But Speaker Kingi, drawing on the legal precedent set in the previous Senate impeachment hearings, ruled that a factual dispute over voting numbers must be resolved through evidence and witness testimony, not dismissed through a technical objection.
With the objection thrown out, the Senate proceeded to the main hearing.
Speaker Kingi directed the County Assembly and Governor’s defence team to deliver their opening statements, marking the official start of the impeachment trial.
“The Senate will now hear and determine the disputed facts before it proceeds to vote on the actual charges,” Kingi announced.
He further clarified that if evidence shows the County Assembly did not meet the two-thirds threshold,which in Kericho County requires 32 of 47 MCAs,the Senate would terminate the process immediately.
However, if it determines the threshold was met, the trial will proceed to determine the merits of the impeachment charges.
Governor Mutai was impeached by the Kericho County Assembly over alleged abuse of office, misuse of funds, and unethical procurement practices involving companies such as Denby Holdings Ltd and Cranby School.
His lawyers have dismissed the allegations as politically motivated.
However, the Senate’s decision to proceed with a full hearing signals that the governor must now defend himself on both procedural and substantive grounds.
“We are confident the truth will come out,” said a member of the County Assembly legal team. “Kericho residents deserve accountability.”
The Senate will now hear witnesses, examine evidence, and interrogate both sides before casting a final vote on whether to remove Governor Mutai from office.
