Kericho County Assembly MCAs Tuesday voted to impeach Governor Eric Mutai defying a court that temporarily halted the process.
At least
31 MCAs out of 47 voted in favour of the motion sponsored by Sigowet Ward MCA
Kiprotich Rogony during the morning sitting.
A notice
of motion to oust the county boss was formally tabled at the county assembly on
September 12.
In his ruling, County Assembly Speaker Patrick Mutai set October
2 for the House to dispense the matter.
Mutai was scheduled to appear during the session to defend
himself from the accusations.
He, however, moved to court to obtain orders to halt the
process.
“THAT pending the inter parties hearing of the motion dated
1/10/2024, interim conservatory orders are issued against the respondents
jointly and severally suspending and staying the debating considering and or
acting upon the notice tabled on 23/09/2024 and motion moved on the 24/09/2024
for the removal of the applicant- governor from office,” the court order issued
by Justice J.K Sergon reads in part.
Rogony cited four grounds, which are a gross violation of the
constitution and other laws, a gross violation of various national and county
laws, abuse of office, and gross misconduct.
While moving the motion, Rogony said the acts and conduct of the
governor had exposed the office of the governor, the assembly, and the people
of Kericho to ridicule, embarrassment and disrepute.
He argued that his continued stay in office has and will
continue to undermine the effective delivery of services to the detriment of
the people of the county in whose trust he holds the office.
“The governor has variously committed constitutional wrongs that
subvert the structure of government and undermine the integrity of the office
and even the constitution itself,” he averred.
The particulars of the first charge include misappropriation,
misallocation, and illegal drawing of county revenue and finances.
According to the MCA, the county boss has presided over a broken
public finance system that has seen the County Treasury ineffective.
The governor, he claimed, has refused, failed, and neglected to
automate the revenue collection system, thus opening up the county's own
sourced revenue to pilferage, misappropriation, and theft.
On abuse of office, the governor has been accused of making
illegal appointments, unlawful dismissals and transfers and usurpation of
statutory functions of the public service board.
Mutai is also accused of launching a programme dubbed “Equaliser
Kazi Mtaani Initiative” and drawing funds reportedly without proper legislation
to anchor it, public participation, approval by the county assembly, and
controller of the budget.
“The present and former chief executive committee members and
chief officers have variously reported coercion by the Governor to make
financial allocations for the Governor's use from the funds allocated to their
respective departments and which funds they were required to remit through the
Governor's personal assistants,” he said.
The Londiani junction road accident that claimed lives has also
featured with the member claiming over Sh9 million in public funds were lost.
On abuse of office, he has alleged that the governor caused the
advertisement of the positions of doctors, nurses, and early childhood
education (ECDE) teachers just to endear himself politically when he knew the
county did not have the capacity to hire.
“The applicants were subsequently not shortlisted, nor were the
alleged vacancies filled up,” he said.
Rogony further alleges that the governor illegally deployed
health staff without any justification, authority, or involvement of the County
Service Board, thus creating a crisis in the health sector.
On gross misconduct, the governor, the MCA alleges, has been
operating with impunity.
Earlier on, police had a rough time containing a group of
supporters who attempted to stop the impeachment.