The Senate will consider three grounds of impeachment against Kericho governor Erick Kipkoech Mutai.
Mutai is the second governor proposed to be impeached during the current term of Parliament.
Speaker of the Senate Amason Kingi, in a communication to the House, named the three charges as a gross violation of the Constitution and other laws, Abuse of office and gross misconduct.
Under gross violation of the Constitution, the governor is accused of misappropriation, misallocation, and illegal drawings of county revenue and county finances.
He allegedly engaged in various acts of gross violation of Articles 10, 183 and 201 of the Constitution, Sections 102 and 109 of the Public Finance Management Act and the provisions of the Kericho County Rating Act, No. 5 of 2019.
He is accused of presiding over an administration which has deliberately refused, failed, neglected and omitted to automate revenue collection, thus opening up the county’s own-source revenue to pilferage, misappropriation and theft.
The Kericho County Assembly further accused Mutai of frustrating 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.
“On or about August 31, 2023, the Governor launched a programme dubbed ‘Equalizer Kazi Mtaani Initiative’ drawing county funds towards the initiative without a legislation to anchor the initiative,” the assembly said.
On the accusation of misappropriation and/or abetting misappropriation of publicly raised funds, the governor allegedly oversaw misappropriation of the funds raised for the victims of the horrendous Londiani junction accident tragedy in which over Sh9 million of public raised funds were lost Under the abuse of office.
The governor is accused of Illegal appointments, unlawful dismissal and transfers, and usurpation of the Constitution and statutory functions of county public service.
He is further accused of subversion, discrediting and impeding the oversight role of the Kericho County Assembly.
Under gross misconduct, allegations are that the Governor has repeatedly engaged in gross misconduct and gross violation of the provisions of Articles 10, 73 and 75 of the Constitution and sections 29 and 34 of the Leadership and Integrity Act.
He is accused of engaging in indecent and unnatural sexual behaviour and forcing females to engage in unconsented anal sex, dangerous and unprotected sex.
He is also accused of persistently intimidating, molesting and harassing county officers who do not sing to his tune, thereby creating an atmosphere of fear, uncertainty and despondency in the county.
Kingi urged senators to desist from publicly commenting on the merits or demerits of the impeachment Motion before the Senate.
“Doing so would amount to anticipation of debate, which is an infringement of Standing Order 99. Therefore, it shall be out of order, within the meaning of Standing Order 122, for any Senator to make comments, whether written or spoken, in relation to the conduct of the Governor or the impeachment process, which is outside the confines of the impeachment proceedings, as such comments may prejudice the just outcome of the process,” he explained.
During the 13th Parliament, the Senate has dealt with five impeachments – two of which were considered by a Special Committee, while the other three were investigated in plenary.