The Kericho County Assembly will be relying on five witnesses in prosecuting its impeachment case against Governor Eric Mutai.
H & K Law Advocates which is representing the assembly says it will be calling five witnesses.
Among them is the “Kericho Daughter”, a pseudonym of the witness.
Mutai faces three charges which include gross violation of the constitution and other laws, abuse of office and gross misconduct.
He is accused of engaging in indecent and unnatural sexual behaviour and forcing females to engage in unconsented anal sex, dangerous and unprotected sex.
The lady is said to be a victim of an alleged indecent act.
In his preliminary application, lawyer Elias Mutuma told the House that they have concealed her identity to protect her integrity so that she is not exposed.
“Mr speaker, you will notice from the presentation and charges read that one of our witnesses is a young lady who will be appearing before the senate to testify on instances of sexual exploitation, and molestation to the extent of being forced into anal sex by the governor,” he said.
In his submission, Mutuma also stated that as part of the documents, they have disclosed her true identity including attaching a copy of her identity card (ID).
Mutuma also explained that they had no problem with the witness being interrogated by the governor.
He asked the House to allow the witness to testify in an environment where the world is not watching or where the world is not able to identify who she is.
Ahead of the planned cross-examination session, Mutuma allowed the governor and his counsel to meet the witness to provide her testimony “so that they can know who she is.”
The application, he said, is made pursuant to rule 28 of the third schedule.
Earlier on, Mutai had raised preliminary objections to his impeachment case.
Through lawyer Katwa Kigen, the governor argued that the 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.