Governor Eric Mutai's Impeachment Faces Objection as Lawyers Clash over Numbers: "31.3 MCAs Needed"
Governor Eric Mutai raised a preliminary objection during his impeachment hearing, arguing that the Kericho County Assembly did not meet the constitutional threshold
His lawyer, Katwa Kigen, argued that the two-thirds of 47 MCAs are supposed to be 32 and not 31, as stated by the assembly
However, the assembly lawyer argued that the Kericho speaker rounded off 31.3 to the nearest whole number, hence reaching 31 as the threshold
Amos Khaemba, a journalist at TUKO.co.ke, brings over three years of experience covering politics and current affairs in Kenya.
Nairobi - The impeachment proceedings against Kericho governor Eric Mutui has been marred by sharp divisions.
Parliament in session (left, for illustrations) and Kerichio governor Eric Mutai. Photo: Parliament of Kenya/Eric Mutai.
Source: UGC
Why Eric Mutai objected to 31 being the threshold
On Monday, October 14, Mutai's lawyer, Katwa Kigen, raised an objection, saying the Kericho County 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, hence he wants the Senate to rule on the matter before the case proceeds.
Kigen argued that two-thirds of 47 MCA gives 31.3, but according to him, the assembly should have rounded it off to 32 and 31.
"The motion to impeach Kericho Governor Hon. Dr Erick Mutai by impeachment did not meet the two-thirds threshold. The speaker of the County Assembly was wrong. It is only 31 out of the 47 who voted in support of the motion," Kigen said.
What Kericho County Assembly lawyer said about threshold
On his part, Counsel Hillary Kiplangat, representing the assembly, argued that the speaker relied on a previous ruling of the High Court to round off 31.3 to 32 and not 32.
"The Speaker of the County Assembly of Kericho was guided by a decision of the High Court that when rounding off, one rounds off to the nearest whole number. Two-thirds of the Kericho County Assembly is 31.3 MCAs, rounding off to 31 members," Kiplangat said.
Why Eric Mutai was impeached by MCAs
As reported earlier, Mutai was impeached after 31 out of 47 MCAs voted in favour of the motion sponsored by Sigowet Ward MCA Kiprotich Rogony.
Rogony accused Governor Mutai of three offences, including gross misconduct, violating the constitution, and abuse of office. He argued that the governor's actions have brought ridicule and shame to the county.
Additionally, the MCA asserted that the governor's actions demonstrated a disregard for the law, as he allegedly incited a mob to unlawfully seize land belonging to a private individual and designated it as a dumping site without obtaining NEMA's approval.
Additionally, Rogony alleged that several women had filed complaints against the governor for reportedly coercing them into inappropriate sexual acts.
Source: TUKO.co.ke
