Three petitioners have moved to court to stop the Senate from hearing the impeachment motion against Kericho Governor Eric Mutai.
Ronald Kibet Too, George Muiruri Njau And Njoroge Christopher Kimiti who are currently residents of Kericho, Kiambu, and Kajiado Counties respectively moved to court to stop the exercise citing several legal loopholes.
The three argue that the Senate lacks Jurisdiction to hear and determine the impeachment motion as it failed to garner the support of at least 2/3 of all the members of the County Assembly of Kericho as required by the law.
They argued that the 31 who approved the motion were not two-thirds as required by the law since, according to them, at least 32 MCAs should have backed the motion.
“The Speaker of the County Assembly of Kericho was so misinformed in his decision to interpret that the 31 votes in support of the impeachment motion was equivalent to 2/3 of all the 47 members of the Assembly,” they argued in papers filed at Milimani Law Courts The three also argued that there is an existing ruling that bars the Senate from hearing the impeachment motion.
According to them, an order was issued restricting the County Assembly from transmitting the verdict of the impeachment motion. At the same time, they said the Senate was also barred from hearing the matter.
The petitioners now want an Interlocutory injunction to be issued against the Senate and County Assembly barring them from proceeding with the impeachment hearing of Governor Mutai.
They also want a declaration to be issued that the impeachment motion against the Kericho County Governor by the County Assembly of Kericho on 2nd October 2024 was not supported by at least two-thirds of all the members of the Kericho County Assembly as statutorily required and that, the Speaker of Kericho County Assembly acted ultra vires and in total defiance of the law by making formal communication of a resolution that did not meet the statutorily provided threshold.
The four also want a declaration be issued that the Senate lacks Jurisdiction to hear and determine the impeachment motion which failed to garner the support of at least 2/3 of all the members of the County Assembly of Kericho as currently constituted.