Three petitioners Monday filed a case seeking to block senate from hearing the impeachment of Kericho Governor Erick Mutai.
Ronald Kibet, George Muiruri and Christopher Kimiti argue that the Senate lacks Jurisdiction to hear and determine the impeachment motion as it failed to garner the support of at least 2/3 of all the members of the County Assembly of Kericho as currently constituted.
“The Speaker of the County Assembly of Kericho was so misinformed in his decision to interpret that the 31 votes in support of the impeachment motion was equivalent 2/3 of all the 47 members of the Assembly,” the petitioners submit.
They said the Speaker of Kericho County Assembly acted ultra vires and in total defiance of the law by making formal communication of a resolution that did not meet the statutorily provided threshold.
The three further argued that the Senate lacks urisdiction to hear and determine the impeachment motion.
The hearing of the impeachment motion is ongoing in the Senate.
In a motion filed by Sigowet Ward MCA Kiprotich Rogony, the MCAs accuse Mutai of gross constitutional violations, abuse of office, and misuse of public resources.
At the Senate, Mutai raised preliminary objections to his impeachment case before the Senate.
Through lawyer Katwa Kigen, the govenor says that the county Assembly prosecuted the impeachment case despite the existence of a court order barring them from doing so.
The same order, he said, barred the senate from receiving a resolution from the county assembly.
Kigen adds that the assembly did not meet the two-thirds threshold to impeach the governor.
He said that 31 voted to impeach the governor against a threshold of 32.
As such, he wants the Senate to rule on the matter before the case proceeds.
“The speaker of the County Assembly was wrong. It is only 31 out of the 47 who voted in support of the motion,” he said.
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