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Governor Mutai raises preliminary objection to his ouster

His lawyer Katwa Kigen said the assembly did not meet the two-thirds threshold to impeach the governor.

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by JULIUS OTIENO

News14 October 2024 - 12:09

In Summary


  • Through lawyer Katwa Kigen, the govenor says that the county Assembly prosecuted the impeachment case despite the existence of a court order barring them from doing so.
  • The same order, he said, barred the senate from receiving a resolution from the county assembly.


Kericho Govenor Erick Mutai has raised preliminary objections to his impeachment case before the Senate.

Through lawyer Katwa Kigen, the govenor says that the county Assembly prosecuted the impeachment case despite the existence of a court order barring them from doing so.

The same order, he said, barred the senate from receiving a resolution from the county assembly.

Kigen adds that the assembly did not meet the two-thirds threshold to impeach the governor.

He said that 31 voted to impeach the governor against a threshold of 32. As such, he wants the Senate to rule on the matter before the case proceeds.

"The speaker of the County Assembly was wrong. It is only 31 out of the 47 who voted in support of the motion," he said.

Three lawyers represent Kericho Governor Erick Kipkoech Mutai at the Senate during consideration of his removal from office by impeachment.

Mutai will be represented by Katwa Kigen, Tunen Manasseh and Doris Ng’eno.

The governor will also call six witnesses in the matter; one of them being himself.

The other five witnesses will give their testimonies in the form of affidavits. They are Gideon Mutai, George Kirer, Gillian Soi, John Malel and Geoffrey Korir.

Kericho County Assembly is being represented by eight advocates.

H & K Law Advocates, in a letter to the Clerk of the Senate, further noted that the county assembly will be calling five witnesses, two of them being elected MCAs.

The law firm noted that Kimutai Bosek will be the lead counsel and will be assisted by advocates Charles Njenga, Sharon C. Mibey, Elias Mutuma, Hillary Kiplangat, Winny Bett, Geoffrey Langat and Elvis Kipkorir.

Mibey is also the deputy clerk of the county assembly. Brian Maingi and Ian Kiplangat are legal assistants while Japheth Kipkirui is the ICT technician.

The law firm said Sigowet MCA Kiprotich Rogony and his Soliat counterpart Albert Kipkoech will be called as witnesses.

The other three witnesses are Joseah Kogo, Erick Koech and Kericho Daughter (pseudonym of the witness).


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