Speaker Amason Kingi has set Monday, October 14 and Tuesday, October 15, 2024 as the date that the House will conduct the trial of Kericho Governor Eric Mutai to determine whether allegations levelled against him by the County Assembly are substantiated.

The Speaker made the ruling after an attempt by Minority Whip Edwin Sifuna to move the motion that should have seen the formation of an 11-member Special Committee fell through for lack of a seconder.

Senator Sifuna had given the notice of the motion, and went ahead to move the motion but when he called on Senator Veronica Maina to second, she declined without giving reasons.

“In the absence of a seconder the motion for the formation of a Special Committee has failed,” ruled Speaker Kingi, citing the House Standing Orders.

“With the failure of the motion, the trial of the Governor will be conducted through the plenary.”

He instructed the Office of the Clerk of the Senate to issue invitations to appear to all the parties by 5pm on Tuesday, October 8. 

The parties will be expected to file their responses, by way of affidavits, witness statements and any other supporting documents, by 5PM on Saturday, October 12.

The Speaker directed the Office of the Clerk to circulate the documents related to the trial to all Senators by 5PM on Sunday, October 13.

“The trial of the Governor will be conducted through the Plenary on Monday, October 14 and Tuesday, October 15, 2024,” Speaker Kingi ruled.

The County Assembly of Kericho impeached Governor Mutai on Wednesday October 2, accusing him of gross violation of the constitution and other laws, abuse of office and gross misconduct.

Particulars of gross violation of the constitution filed by the County Assembly allege that the Governor Misappropriated, Misallocated, and Illegally drew finances from the County Revenue. 

He is alleged to have presided over an administration which has deliberately refused, failed, neglected and omitted to automate revenue collection.

This has thus opened up the County’s own-source revenue to pilferage, misappropriation and theft, much as he has frustrated the award of the tender for the procurement of the Integrated County Revenue Management System made on December 14, 2023 by the County Government, despite the tender being responsive.

The MCA further allege that he had presided over an administration that has totally disregarded the Valuation Roll prepared and passed by the County Assembly in 2016 pursuant to the Valuation and Rating Act.

As a result, the County continues to collect property rates under the old Valuation Roll occasioning the County Substantial revenue losses.

The County Assembly accuse of him presiding over a broken public finance management system which has made the County Treasury ineffective in total violation of the provisions of Section 104 of the Public Finance Management Act.

“He has exhibited an opulent lifestyle since he was elected where his wealth has grown exponentially to an extend that he can afford to contribute up to Sh1 million in a single Harambee,” says the pleadings filed in the Senate.

He also accused of having launched a programme dubbed “Equaliser Kazi Mtaani Initiative” which drew county funds but without a legislation to anchor the initiative in the law.

The initiative was not subjected to public participation nor prior approval by the County Assembly and the Controller of Budget.

Another allegation is that he abetted and misappropriated of publicly raised funds. The MCAs allege he oversaw the misappropriation of the funds raised for the victims of Londiani junction accident tragedy in which over Sh9million of public raised funds were lost.

He reneged on his undertaking to implement the Report of the County Assembly’s Ad hoc Committee formed to probe the misappropriation of funds meant for the victims of the accident.

On abuse of office, the MCAs accuse the Governor of making Illegal appointments, unlawful dismissal and transfers, and usurpation of the Constitutions and statutory functions of county public service.

The particulars of this charge are that he illegally appointed one Mrs. Alice Bett as the County Attorney when there was a substantive office holder, an act which the Employment and Labour Relations Court affirmed was irregular, unprocedural and unlawful.

The Governor’s actions were found to be illegal and unconstitutional and ordered to pay costs of Sh2 million personally.

On Gross Misconduct, the MCAs allege that he publicly disparaged, demeaned and undermined a Mr Marwa from Londiani and threatened to use the services of the police officer assigned to him to manhandle him.

He openly vilified, slighted and berated Hon. Amos Birir, a Member of the County Assembly of Kericho, and describing him as "mentally blind" and "stupid".

He spitefully referred to the Ad-hoc Committee of the County Assembly on the Londiani Accident as "the funeral committee".