The impeachment trial of Kericho Governor Eric Mutai commenced in the Senate on Wednesday, August 27, where he pleaded “not guilty” to all three charges brought against him by the County Assembly. The accusations include gross violation of the constitution and other laws, gross misconduct, and abuse of office. This marks the second attempt to remove Governor Mutai within a year, following a similar bid in October 2024 that was dismissed on a technicality when the County Assembly failed to meet the required two-thirds threshold by a single vote.

A central point of contention in the current trial revolves around the validity of the electronic voting system used by the Members of County Assembly (MCAs) on August 15, which saw 33 out of 47 MCAs vote in favor of the ouster motion. Governor Mutai's defence team, led by Senior Counsel Katwa Kigen, argued that the county legislators debuted an untried system, which they asserted was unsuitable for a matter as sensitive as a governor's impeachment. Kigen further alleged that the shareable link for voting was misused, with four MCAs casting votes while absent and another three, including the motion's mover, Sigowet MCA Kiprotich Rogony, voting twice. These claims, coupled with 18 MCAs disputing the voting record, cast significant doubt on whether the constitutional two-thirds threshold was legitimately met. Kigen emphasized that if any doubts persist about the system's foolproof nature, senators should decline to entertain the motion.

Conversely, the County Assembly’s legal team, led by Elisha Ongoya and comprising lawyer Elias Mutuma, vehemently refuted these allegations. They defended the system as tamper-proof, technologically advanced, and equipped with audit trails for verification. Ongoya attributed some of the discrepancies raised by the governor's team to printing errors, promising to substantiate this in the course of the trial. He challenged the notion that a technologically advanced voting system should be faulted, asserting that it would be a “sad day for governance” if such innovation were condemned. Ongoya also dismissed claims by certain MCAs who have sworn affidavits distancing themselves from the vote, citing the Mike Sonko case where the Hansard was deemed the authoritative source of information, unless they attend the trial for their evidence to be tested.

Beyond the procedural disputes, Governor Mutai himself accused Kericho County Assembly Speaker Patrick Mutai of orchestrating his impeachment, alleging that the Speaker harbors ambitions for the governorship. He characterized the proceedings as a “well-orchestrated political conspiracy” driven by political interest, adding that the Speaker's interest is to be the governor of Kericho County. The broader charges against Governor Mutai are extensive, encompassing abuse of office, mismanagement of public resources, including alleged fictitious payments of Sh 85 million to 46 companies for undelivered goods or undone work. Other accusations include irregular procurement, illegal appointments, unlawful dismissals of senior officials, nepotism, and violations of the Public Finance Management Act (PFMA), the Constitution of Kenya, and the County Governments Act.

Further evidence came from Edna Tonui, a former County Executive Committee (CEC) member for Agriculture, Livestock and Cooperatives. Testifying before the Senate on Wednesday, August 27, Tonui disclosed that she had sent approximately Sh 1.6 million from her personal funds to Governor Mutai following repeated requests for contributions for fundraisers. She detailed her merit-based employment process and her abrupt dismissal on December 23, 2024, which she learned about via the governor's Facebook page, along with five other colleagues, without prior notification. Tonui explicitly stated that her dismissal was in retaliation for her refusal to continue providing funds to the governor. She detailed various amounts transferred, including Sh 10,000, Sh 20,000, Sh 30,000, and Sh 100,000, and highlighted her independent sources of income as a businesswoman and farmer.

The Senate opted for a full plenary trial, which is scheduled to continue through Friday, August 29. Senators are expected to vote on whether to uphold or overturn the impeachment. The County Assembly is represented by a 12-member legal team led by Elisha Ongoya, while Governor Mutai's defence comprises six lawyers under Katwa Kigen. The outcome will have significant implications for governance in Kericho County.