Governor Eric Mutai has been impeached by 31 members of the Kericho County Assembly (MCAs), ignoring a court order that had temporarily halted the proceedings. 

The vote marks a significant moment in local governance, as the MCAs pressed forward with accusations of gross misconduct and constitutional violations against Mutai, adding another governor to Kenya’s list of impeached county leaders.

The assembly’s action comes a day after a court ruling by Justice Joseph Sergon, which barred the county assembly from continuing with the impeachment process until a petition filed by Governor Mutai is heard on October 15, 2024. Despite this, Sigowet MCA Kiprotich Rogony, who led the charge, remained undeterred, alleging multiple offences, including misuse of public funds and indecent conduct.

The governor now joins 12 other county leaders who have faced similar motions since 2013. However, only two—former Nairobi Governor Mike Sonko and Kiambu Governor Ferdinand Waititu—were removed from office, while others, like Mutai, fought their battles in the courts and Senate. The controversial impeachment is expected to follow the same legal path, with Mutai challenging the validity of the assembly’s actions.

Mutai’s impeachment motion was introduced on Wednesday, without reference to the court’s decision. Speaker Patrick Mutai allowed the motion to proceed, sparking questions about whether the assembly was aware of the legal developments. The Governor had named the county assembly, Speaker Mutai, and MCA Rogony as respondents in his petition seeking to halt the process.

Justice Sergon had issued interim conservatory orders preventing the county assembly from debating the motion until all parties had filed and exchanged their written responses. The court also set an October 15, 2024 date for oral highlights, making the impeachment vote premature under the ruling.

Yet, despite the court’s stance, the county assembly pressed forward, voting overwhelmingly in favour of the motion. Governor Mutai faces serious accusations of violating the Public Finance Management Act, 2012, and the Leadership and Integrity Act, with his administration allegedly overseeing the mismanagement of county funds. 

Among the claims brought forth by MCA Rogony were allegations of indecent conduct, casting a shadow over the governor’s personal reputation.

“There are numerous complaints of the Governor’s indecent and unnatural behaviour by female partners,” Rogony asserted during the assembly session, hinting at more explosive revelations to come during the Senate hearing. “The victim seeks anonymity at this stage,” he added, indicating that sensitive testimonies may unfold behind closed doors to protect the identity of those involved.

While the accusations have ignited a fierce debate in the assembly, the governor’s legal team is expected to challenge both the legitimacy of the motion and the evidence presented, especially considering the court’s clear injunction against proceeding with the impeachment. 

Governor Mutai has not publicly responded to the assembly’s decision, but his team will likely focus on the violation of Justice Sergon’s orders in their defence.

The outcome of this legal clash will be closely watched, not only by residents of Kericho County but by other county leaders facing similar scrutiny. The impeachment adds to the growing number of county governors grappling with legal challenges, raising concerns about the state of local governance in Kenya.