Senate · Afternoon Sitting

Clerk, do we have quorum? Serjeant-at-Arms, ring the Quorum Bell for 10 minutes. Hon. Members, we have quorum. We should now start the afternoon session. I am told Madam Korir was being cross-examined before the rise of the House. Can you usher her in again? She has some minutes.

[(The Clerk-at-the-Table consulted the Deputy Speaker)]

[(The Quorum Bell was rung)]

At the core of the charges, the Governor on trial is facing is the theft of public funds, resources entrusted to the Governor for the benefit and development of Kericho County and the evidence presented before this House, paints a damning picture of misappropriation of public funds, which have been placed in the hands of the Governor to manage and oversee on behalf of the residents of Kericho Coun…

Mr. Speaker, Sir, Hon. Senators, the Governor has allowed himself and the County Assembly has led evidence to this effect. The Governor has allowed himself to be a master of doublespeak in grave matters. This has been in violation of Article 73 of the Constitution, which demands that at all times he demonstrates respect to the people and conducts himself in a manner that brings dignity and honour …

Evidence was led of a local supply order in favour of Denbi Holdings Limited, which reveals that it was issued on 20th February, 2025, more than two months after the actual event and more than three months after the requisition. That evidence has not been controverted and the payments are confirmed by the extracts from the IFMIS which the county assembly has supplied to this honourable House in it…

You have been treated to attempts to deflate the issues on misappropriation of funds, and you have been told that the mover of the Motion is hell-bent on getting the Governor out of office by whatever means. You have also been told, all in an attempt to deflect from the main issues, that the impeachment proceedings are motivated by other interests. Far from it, Mr. Speaker, Sir and Hon. Senators. …

picture of systemic misappropriation of funds. The gravity and volume of irregularities cannot be explained away by mere administrative lapses. Mr. Speaker, Sir and Hon. Senators, the people of Kericho have entrusted you to be vigilant stewards of their resources and they are looking up to you tonight. None of the witnesses the Governor lined up to testify on his behalf testified on the substanti…

You have been treated to attempts to deflate the issues on misappropriation of funds, and you have been told that the mover of the Motion is hell-bent on getting the Governor out of office by whatever means. You have also been told, all in an attempt to deflect from the main issues, that the impeachment proceedings are motivated by other interests. Far from it, Mr. Speaker, Sir and Hon. Senators. …

picture of systemic misappropriation of funds. The gravity and volume of irregularities cannot be explained away by mere administrative lapses. Mr. Speaker, Sir and Hon. Senators, the people of Kericho have entrusted you to be vigilant stewards of their resources and they are looking up to you tonight. None of the witnesses the Governor lined up to testify on his behalf testified on the substanti…

This Senate, faced with those two witnesses, has called its own ICT expert. That ICT expert has returned a verdict that from the information available to him, in fact, 33 MCAs voted for the impeachment of this Governor. It demands therefore us to conclude that no evidence has been presented that challenges the HANSARD of the county assembly and the resolution of the county assembly that 33 MCAs vo…

I want you, when you consider this matter in your own debate, to tell me how somebody would fail to take advantage of these two possible and irrefutable evidence- creating acts and come and present another one to tell you I did not vote. Let us face it. These are the very MCAs you saw by your own clip, the Governor's counsel at the Assembly telling them, stand up and demonstrate you will vote in …

I am reiterating a simple and straightforward case, that this evidence shows that this Governor could go to any extent, including getting senior and reputable counsel to present factual inaccuracies before this Senate, just to achieve the termination of these proceedings on a technical objection. As you vote on this issue, I beseech you to debate these questions. If you reach answers contrary to …

affidavit is fake, “That signature is not mine.” How much more evidence do we need to discredit that affidavit? Then comes the other joint affidavit of the 18 MCAs, on which again Edinah's name is indicated. She has come from the sea and told us, “That affidavit is fake. I did not sign it.” Why would we believe anything from that affidavit? So, that would be the approach, Majority Leader and dist…

my healing process. He told you; this Governor confronted me in a joint sitting of CECMs and COs. He told you that in that joint sitting of CECMs and COs, when I proposed to him that rather than procuring a financial management system at Kshs68 million, we can internally develop it at about Kshs1 million and prudently use taxpayers’ money--- He told me: “thought you only had a physically disabil…

Counsel for the Governor, the Floor is yours. Your 60 minutes starts running from now.

Thank you. Mr. Speaker, Sir and Hon. Senators, for the record, my name is Wanjiku Thiong’o. I will commence the closing arguments, then my two colleagues will come after. Hon. Senators, our point of departure is the sequence of events as prescribed under Section 33 of the County Governments Act. Definitely, as we sit here, it is not in dispute that the County Assembly has jurisdiction in moving a…

Assembly, is going to take away the political right of the Governor because he was declared as the duly elected Governor. Under the same breath, it is going to take away the decision and the will of the people of Kericho County, so that a matter of this magnitude has not been explained by the County Assembly why it was the last to use the system, which was being piloted for the first time, to vot…

Hon. Martin Kiplangat, who testified yesterday. We have the vote of Hon. Kibet Mosuben, we have the vote of Hon. Amos Birir and Hon. Edina Chepkirui. Just to attempt to address the issue of Hon. Edinah, she has two conflicting affidavits and the County Assembly is faulting the Governor's side for not calling this witness, they have not called her to come and produce this affidavit. As such, we ar…

Assembly, is going to take away the political right of the Governor because he was declared as the duly elected Governor. Under the same breath, it is going to take away the decision and the will of the people of Kericho County, so that a matter of this magnitude has not been explained by the County Assembly why it was the last to use the system, which was being piloted for the first time, to vot…

[[The Speaker (Hon. Kingi) left the Chair]]

Mr. Speaker, Sir, allow me to pick up from where my colleague has left and complete our submissions on the questions of the ICT issues raised in these proceedings. Simultaneously, when addressing that question, I will be principally making submissions on our Preliminary Objection (PO) ; the question of threshold. The most important thing is whether we have information before this House on whether…

decision on what went wrong, the vulnerabilities of the system, the missing gaps, the information which is required for purposes of making submissions before this Senate. It is important to just highlight as a way of reaction to what the learned, Mr. Ongoya, said with respect to lawyers providing evidence. That is not true. This is a House of record. It is a House of evidence.

[[The Speaker (Hon. Kingi) left the Chair]]

whether the 33 MCAs met the constitutional threshold and whether the three MCAs’ evidence, who claimed that they did not vote but someone voted for the is credible. If that is accepted by the Senate, then it affects the threshold. It means then there is no proper Motion before the House based on the legal doctrine that the law matters and that County Assembly as a House is also governed by the la…

[[The Temporary Speaker (Sen. Veronica Maina left the Chair]]

Mr. Speaker, Sir, we submit that we have a very big problem before this House. The problem is that there is no certainty whatsoever based on the testimony of the three expert witnesses on who voted. Votes are there, but who actually voted? Instead, the possibility is that somebody may have accessed this publicly available data and voted for anyone else. That is the information which the evidence …

ought to be in the system. We consistently asked him this question deliberately because we wanted that question to be fully answered. Where are these MAC addresses? So, Hon. Senators, as you retire to consider the question of threshold, just know that there is now doubt more than ever. Experts have come to the Senate and there is doubt from all of them on the existence of these MAC addresses. In…

Mr. Speaker, Sir, we submit that we have a very big problem before this House. The problem is that there is no certainty whatsoever based on the testimony of the three expert witnesses on who voted. Votes are there, but who actually voted? Instead, the possibility is that somebody may have accessed this publicly available data and voted for anyone else. That is the information which the evidence …

that this issue has been brought solely for purposes of injuring the good name of the Governor. Two last issues I wish to mention about the Kazi Mtaani and Londiani issues is that they relate to the period of the Financial Year 2022/2023. Mr. Speaker, Sir, as we pointed out when we asked the questions to the witness who came to testify on this issue, it is true that it is not captured in the Aud…

that it deprived him of an opportunity to countercheck the allegations contained in those reports and to have acted. Collateral to that, the Governor, in his affidavit, has explained that indeed he has already instructed his people to hand over the documents related to those projects to the EACC for further investigations. May I say also related to the old cases, that is Kazi Mtaani and Londiani …

As we have explained, in respect to the old cases, kazi mtaani, Londiani and the others, the Governor has taken action. In respect to these complaints that arose on 5th of August attendant to which the process of impeachment started on 6th of August, he needs time to look at them and he could not rush into it. It cannot be said that he is shielding them because he needs time to have looked at it …

For all those reasons, Mr. Speaker, Sir, and hon. Senators, we pray as a first line of our prayers, that you do find that the system was not adequate to satisfy you, that any voting took place; and that the two-thirds threshold was met. As a second line, we pray that you do find that, indeed, no evidence and grounds have been adduced adequate to place a requirement on you to impeach the Governor.…

this, we will be able to step up the leadership of Kericho County and be able to work together with great energy and strike a reconciliatory tone, so that we are able to deliver for the mandate of our people. I wish to thank the Hon. Senators for the opportunity and the time you have taken to listen to us. I know it has been a challenging time. It has also been trying for me, psychologically tort…

For all those reasons, Mr. Speaker, Sir, and hon. Senators, we pray as a first line of our prayers, that you do find that the system was not adequate to satisfy you, that any voting took place; and that the two-thirds threshold was met. As a second line, we pray that you do find that, indeed, no evidence and grounds have been adduced adequate to place a requirement on you to impeach the Governor.…

this, we will be able to step up the leadership of Kericho County and be able to work together with great energy and strike a reconciliatory tone, so that we are able to deliver for the mandate of our people. I wish to thank the Hon. Senators for the opportunity and the time you have taken to listen to us. I know it has been a challenging time. It has also been trying for me, psychologically tort…

Hon. Senators, ladies and gentlemen, having concluded the closing statements by the parties, the Senate will proceed into a camera session for 15 minutes, pursuant to Rule 27 of the Rules of Procedure. That is for the hearing and determination on the proposed removal from office by impeachment of Hon. (Dr.) Eric Kipkoech Mutai, the Governor of Kericho County. The objective of the in-camera sessio…

[(All members of the public, the media and the parties withdrew from the Galleries)]

[(The House went into an in-camera session at 9.35 p.m.)]

[(End of in-camera session)]

[(The House resumed at 9.55 p.m.)]

Serjeant-at-Arms, where are the parties? If there are any members of the public and the media, take your position. Serjeant-at-Arms, where are the parties?

[(Members of the public, the media and the parties were ushered into the Chamber)]

[(Several Senators stood up in their places)]

Order, hon. Senators. Senator for Homa Bay County, Sen. Chimera and company. Senate Minority Leader, kindly retreat your seat. Now, hon. Senators, we have a Supplementary Order Paper. It has been circulated and it is going to be in use from now until the end of these proceedings. Clerk, you may proceed to call the first Order. Is the broadcast back? Now, Hon. Senators--- Sen. Mundigi, freeze!

[(Hon. Senators resumed their seats)]

[(The Clerk-at-the-Table consulted the Speaker)]

[(Sen. Munyi Mundigi walked into the Chamber)]

Thank you, Mr. Speaker, Sir. The House will bear with me before I start. I must introduce the Motion. I rise to move the following Motion being the ascertainment of the threshold required for the impeachment of the Hon (Dr.) Erick Kipkoech Mutai, the Governor of Kericho County. THAT, AWARE that pursuant to Article 181 of the Constitution and Section 33 of the County Governments Act, on Friday, 15…

Next Order.

Hon. Senators, as I had earlier indicated, in the event that the Senate finds that the two-thirds threshold of 32 Members of County Assembly was not met, then the impeachment proceedings shall immediately terminate and the Senate shall not proceed to determine the impeachment charges.The result of the division indicates that the Motion has been negatived. Consequently, the impeachment hearing here…

[(Applause)]

Hon. Senators, as I had earlier indicated, in the event that the Senate finds that the two-thirds threshold of 32 Members of County Assembly was not met, then the impeachment proceedings shall immediately terminate and the Senate shall not proceed to determine the impeachment charges.The result of the division indicates that the Motion has been negatived. Consequently, the impeachment hearing here…

[(Applause)]