The Senate is set to hold a sitting to hear the charges against impeached Kericho Governor Eric Mutai This Tuesday despite the existence of a court order blocking the hearing of the matter at the Senate.
The order restrained the Senate from receiving the resolution of the Senate that stopped the process, thus stopping the impeachment of the process until the case filed at Kericho High Court is heard.
The court also ordered Mutai, who is the petitioner, to retain, hold, serve and discharge all functions of Governor of Kericho County Government pending the hearing of the case.
"Pending the interpartes hearing of the notion, an interim order is hereby issued restraining the Speaker of the County Assembly of Kericho from submitting to the Senate the resolution made on October 2, 2024, by the County Assembly of Kericho to Impeach the Governor, Kericho County, " the order stated
But in a Special gazette, Senate Speaker Amason Kingi said the siting will commence at 2;30pm.
During the sitting, the Senate will also decide how the case will be heard, either through a Committee or the plenary.
“Pursuant to Article 181 of the Constitution, section 33 (3) (a) of the County Governments Act (Cap. 265) and standing order 80 (1) (a) of the Senate Standing Orders, I appoint the sitting of the Senate on Tuesday, 8th October, 2024 at 2.30 p.m. as the sitting convened for the purpose of hearing the charges in the matter of the proposed removal from office, by impeachment, of (Dr.) Erick Kipkoech Mutai, the Governor of Kericho County,” the notice reads.
Mutai was impeached after at least 31 MCAs out of 47 voted in favour of the motion sponsored by Sigowet Ward MCA Kiprotich Rogony.
A notice of motion to oust the county boss was formally tabled at the county assembly on September 12.
In his ruling, County Assembly Speaker Patrick Mutai set October 2 for the House to dispense the matter.
Mutai was scheduled to appear during the session to defend himself from the accusations.
He, however, moved to court to obtain orders to halt the process.
Rogony cited four grounds which are a gross violation of the constitution and other laws, a gross violation of various national and county laws, abuse of office, and gross misconduct.
While moving the motion, Rogony said the acts and conduct of the governor had exposed the office of the governor, the assembly, and the people of Kericho to ridicule, embarrassment and disrepute.
He argued that his continued stay in office has and will continue to undermine the effective delivery of services to the detriment of the people of the county in whose trust he holds the office.
“The governor has variously committed constitutional wrongs that subvert the structure of government and undermine the integrity of the office and even the constitution itself,” he averred.