Senate speaker Amason Kingi is scheduled to give a ruling on whether the impeachment trial against Kericho Governor Eric Mutai should continue.
This follows a preliminary objection by Mutai on whether his impeachment by the County Assembly met the required threshold of two-thirds members was reached.
Some 31 MCAs out of the total 47 voted in support of the motion to impeach the governor.
Through his lawyer, Katwa Kigen, Mutai further stated that the Assembly prosecuted the impeachment case despite the existence of a court order barring them from doing so.
"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.
The same order, he said, barred the senate from receiving a resolution from the county assembly.
As such, he wants the Senate to rule on the matter before the case proceeds.
Kisii senator Okong’o Omogeni pointed out that once the matter lands in the floor of the house, it becomes the property of the jury.
“If these proceedings were being conducted by a special committee of 11 members, Mr Speaker, you will not be invited to make a determination on the issue on whether a two-thirds was reached,” he said.
“The right persons to make that determination is the house sitting. I don’t think you will be setting a right precedent for you to take that power away from the senators,” he added.
Nyandarua Senator John Methu noted that Parliament cannot be injuncted by the court, even as he maintained that there has been a precedent set that 32 is the number.
“This is a weighty matter. If you are to allow this P.O (preliminary objection), then this impeachment would fall now, the jury would not have an opportunity to make a decision on this matter,” he stated.
Kitui Senator Enoch Wambua rooted for a vote to decide the matter on whether it should continue or be suspended.
“If the decision is in support of the governor’s preliminary objection, then the whole matter collapses because that is the position of the law. It would not make any sense for us to proceed with a matter of this nature if the P.O succeeds,” he submitted.
Marsabit Senator Mohamed Chute, on his part, vouched for the suspension of the proceedings, saying the county governments Act was clear on the two-third threshold.
“Honorable Speaker, the county assembly of Kericho should go back and get 32 MCAs and come back to the Senate. We are not here to sacrifice the governor of Kericho, we need to protect every person,” he said.
By the time of going to press, the house had suspended the proceeding for 15 minutes.
Nominated senator Tabitha Mutinda said there is no arithmetic in terms of human beings.
Mutinda explained that while it is clear the county assembly did not achieve the required number, the decision lies with the senators to decide.
Her counterpart, Senator Veronica Nduati, echoed the sentiment, urging the speaker “not to take the bait” of having to determine the matter.
She pointed out that if he were to rule on the matter, it would lead to a determination of the whole impeachment proceedings.