NAIROBI, Kenya, Aug 27 — Kericho Governor Eric Mutai has pleaded not guilty to three charges of gross violation of the Constitution, abuse of office, and gross misconduct, as the Senate opened hearings into his impeachment on Wednesday.
Governor Mutai was impeached by the County Assembly on August 15.
The charges against him were formally read out by Clerk of the Senate Jeremiah Nyegenye as submitted by the Kericho County Assembly.
On the Gross violation of the Constitution and the Law charge, the Assembly accuses Mutai of authorizing fictitious payments for undelivered or overpriced goods and services amounting to more than Sh 85 million, misusing Sh 351 million under the National Agricultural Value Chain Development Project (NAVCDP), and skewing the allocation of FLOCCA funds in favor of Chemosot Ward.
He is also accused of misappropriating Sh 39 million earmarked for the “Equalizer Kazi Mtaani” initiative, diverting Strategic Intervention Project funds, and mishandling money intended for victims of the Londiani road accident.
On the abuse of Office charges, the governor is alleged to have made illegal and nepotistic appointments, including confirming his brother and a personal assistant’s wife as county staff.
He is accused of irregularly appointing a County Attorney—an appointment already nullified by the courts—running political hiring adverts without budgetary provision, arbitrarily dismissing and transferring senior officials, and attempting to dictate oversight timelines to the County Assembly.
On the gross misconduct charge, the Assembly further claims Mutai led a mob to invade private land, designating it as a dumpsite against a court order.
He is accused of intimidating and unfairly dismissing staff, fostering a culture of fear, and using divisive and unbecoming language that undermined the dignity of his office, contrary to Chapter Six of the Constitution.
In his defence, Mutai has put together a six-member legal team led by Senior Counsel Katwa Kigen, who previously represented President William Ruto at the International Criminal Court (ICC).
His team also includes Peter Wanyama, Rose Wanjiru Thiong’o, Doris Ng’eno, Joash Mitei, and Evanson Kirui.
Mutai’s lawyers have filed three preliminary objections, arguing that the impeachment was unconstitutional, procedurally flawed, and in contempt of a High Court order issued on August 14 that barred debate or voting on the motion until an inter partes hearing set for August 28.
They also contend that the electronic voting system used by MCAs was opaque and lacked accountability.
Senate Speaker Amason Kingi confirmed the matter would be heard in plenary under Article 181 of the Constitution, Section 33 of the County Governments Act, and Senate Standing Orders.
The trial will run from August 27 to 29.
The first day was dedicated to reading charges, the governor’s plea, and opening statements.
On Thursday, both sides will present their cases and face cross-examination, with each side allowed up to five hours.
Senators will also seek clarifications. On the final day, parties will deliver closing arguments before the Senate debates and votes on the charges.
Voting will be conducted by county delegations as required by Article 123 of the Constitution. If a majority supports at least one charge, Mutai will lose his seat.
If the charges are rejected, Speaker Kingi will notify the Kericho County Assembly that the governor remains in office.
Sigowet MCA Kiprotich Rogony is the mover of the motion .
The County Assembly legal team is lead by Lawyer Elisha Ongoya who is backed by Evans Kiplangat, Elvis Kipkorir, Joel Wakhungu, and Vincent Kipronoh, who maintain that Mutai engaged in systematic abuse of office, violating the Constitution, the Public Procurement and Asset Disposal Act, and other laws.
The Senate is expected to deliver its verdict by Friday, August 29, 2025.
