Senate · Morning Sitting
Monday, 14 October 2024
Senators debated procedural objections surrounding an impeachment case from Kericho County, insisting that the Senate, not the Speaker, should determine whether the two‑thirds threshold and other legal criteria are met. They cited previous court rulings and Senate precedents (e.g., Sonko, Waititu) to argue against the Speaker taking a jury role, urging adherence to the Constitution and standing orders. Counsel Mr. Katwa Kigen argued that the impeachment motion does not meet the two‑thirds threshold required by Section 33 of the County Governments Act, raising detailed questions about the meaning of ‘at least’ and how fractional votes should be treated, and sought to introduce video evidence. The Speaker repeatedly warned about time limits, questioned the admissibility of an affidavit, and directed other counsel to respond to the preliminary objections, highlighting procedural tensions. The exchange centered on legal interpretation, evidentiary admissibility, and consistency of parliamentary rules across counties. The Senate debated the impeachment of Kericho Governor Eric Kipkoech Mutai, with the County Assembly counsel seeking protection for a young witness alleging sexual exploitation and submitting affidavits, while the governor’s counsel contested the allegations, raised procedural objections, and cited a court order to halt the impeachment. The Speaker managed the proceedings, addressing time limits, document pagination issues, and the request for an extended hearing on preliminary objections.
Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes
[(The Clerk-at-the-Table consulted the Speaker)]
[(The Quorum Bell was rung)]
Hon. Senators, I have a Communication to make relating to the business of the Senate scheduled for consideration during this Sitting. You will recall that at a sitting of the Senate held on Tuesday, 8th October, 2024, I appointed today, Monday, 14th October and tomorrow, Tuesday, 15th October, 2024, as
the days when the Senate will hear the charges for the proposed removal from office by impeachment of hon. (Dr.) Eric Kipkoech Mutai, the governor of Kericho County. You will also recall that at a sitting of the Senate held on Wednesday, 9th October, 2024, a Procedural Motion to sit today, Monday, 14th October, 2024 and the alteration of the sitting time for Tuesday, 15th October, 2024 was moved …
[[The House resumed at 10.22 a.m.]]
(The Clerk-At-The-Table consulted with the Chair)
Hon. Senators, before I allow the Clerk to read the charges, kindly, I have this communication to make.
Having dispensed with the pre-hearing meeting of Senators, which was a closed session, it is now time to commence the proceedings on the proposed removal from office by impeachment of Hon. (Dr.) Erick Koech Mutai, the Governor of Kericho County. You will recall that by a letter reference number KCA/SP/3, Vol. 1 (34) , dated 2nd October, 2024, the Speaker of the Kericho County Assembly informed th…
Mr. Speaker, Sir, on Wednesday, you said that you are going to give a decision on a matter concerning Isiolo County. I am sure the people of Isiolo are also waiting for your decision on the matter. This is a weighty matter and it is good if the House gives direction because as I speak, the people of Isiolo are suffering. We are not getting service delivery at all. The people who are in hospital, …
Sen. Dullo, I will give my communication in the course of the day. counsel for the County Assembly, please, proceed.
A very good morning, Mr. Speaker, Sir, and Hon. Senators. For the Kericho County Assembly, the representation is as follows:
Counsel for governor, you may now introduce the legal team representing the governor.
Good morning, Mr. Speaker, Sir, and Hon. Senators. On the side of the Governor who is present, he is represented by:
Counsel for the governor, at this juncture, you just introduce the legal team and take your seat.
Thank you, Mr. Speaker, Sir.
Hon. Senators, ladies and gentlemen, on behalf of the Senate, I welcome the County Assembly team, the governor’s team, members of the public and the media to the Senate and to these proceedings. As you are aware, Article 118 of the Constitution mandates Parliament to conduct its business in an open manner, and that its sittings and those of its committees shall be open to the public. The hearing …
Hon. Senators, Ladies and Gentlemen, finally, I now invite the Clerk to read the charges against Hon. Dr. Eric Kipkoech Mutai, the governor of Kericho County.
Hon. Senators, it is now 1.15 p.m., and having concluded the business for which I extended the hours of sitting, pursuant to Standing Order No.34 (2) (a) , the Senate stands adjourned until today, Monday, 14th October, 2024, at 2.30 p.m. The Senate adjourned at 1.16 p.m.