The Legal Battle Between Kericho Governor Eric Mutai and the County Assembly

The planned impeachment of Kericho Governor Eric Mutai has taken an unexpected legal turn, with the High Court intervening to temporarily halt proceedings. The case has drawn significant attention, as it touches on not only local politics but also the broader tensions between county executives and county assemblies in Kenya. The saga surrounding Governor Mutai’s impeachment highlights critical issues concerning governance, accountability, and the rule of law in devolved systems. This article delves into the legal, political, and governance implications of the attempted impeachment, examining the factors leading to this situation, the judicial intervention, and what this case represents for devolution in Kenya.

Background to the Impeachment Motion

The impeachment motion against Governor Mutai was tabled in the County Assembly of Kericho on September 23, 2024, and moved the following day by Sigowet Ward MCA Weldon Rogony. According to the MCA, the impeachment was prompted by gross violations of the Constitution and various laws, both at the national and county levels, alongside allegations of abuse of office.

Among the accusations leveled against Mutai were:

1. Misappropriation of public funds: Rogony alleged that the governor had been directly involved in or had abetted the misuse of county resources.
2. Illegal appointments and unlawful dismissals: The impeachment motion claimed that Governor Mutai had appointed individuals to positions within the county government without following the due process required by law.
3. Unlawful transfers: Related to the appointments issue, Mutai was accused of arbitrarily transferring county officials without adhering to established protocols.
4. Usurpation of powers: There were allegations that Governor Mutai had overstepped his constitutional mandate, interfering with the functions of the County Public Service Board, which is supposed to operate independently.
5. Bullying, incitement, and vilification: The motion also accused Mutai of inappropriate behavior, including intimidation of county officials and incitement of local populations.
6. Indecent sexual conduct: A highly controversial accusation that has stirred significant public debate, alleging that Mutai had engaged in inappropriate sexual behavior while in office.

These allegations culminated in a vote on September 24, 2024, where 37 out of 47 Members of the County Assembly (MCAs) voted in favor of removing the governor from office.

The Role of the Judiciary

In response to the impeachment motion and subsequent vote, Governor Mutai sought the intervention of the judiciary, arguing that the impeachment process was politically motivated and that the County Assembly had failed to follow proper legal procedures.

On October 1, 2024, the High Court of Kericho, presided over by Justice Joseph Sergon, issued interim conservatory orders that temporarily halted the impeachment process. The court barred the County Assembly from debating, considering, or taking any action on the notice and motion that had been tabled. These orders will remain in place pending the full hearing and determination of the case.

The court’s ruling reads, in part: “Pending the inter partes hearing of the motion dated 1/10/2024, interim conservatory orders are issued against the respondents jointly and severally, suspending and staying the debate, consideration, or any action on the notice tabled on 23/09/2024 and the motion moved on 24/09/2024 for the removal of the applicant-governor from office.”

Additionally, Justice Sergon directed that all parties involved in the case, including the County Assembly of Kericho, the Speaker of the County Assembly, and Sigowet Ward MCA Weldon Rogony, submit their written responses and exchange submissions within ten days of being served with the necessary documents.

The Political Dynamics at Play

Governor Eric Mutai’s case is not unique in Kenya’s political landscape, where tensions between governors and county assemblies have often boiled over into impeachment motions. Since the introduction of devolved governance under the 2010 Constitution, the relationship between governors and their respective county assemblies has frequently been fraught with accusations of overreach, mismanagement, and power struggles.

In Mutai’s case, the political dynamics within Kericho County appear to be especially tense. The 37 MCAs who voted for his removal represent a significant majority of the county’s legislative body, suggesting widespread dissatisfaction with his leadership. Whether this dissatisfaction stems from genuine grievances over governance or whether it is politically motivated is still a matter of public debate.

Observers note that Sigowet Ward MCA Weldon Rogony’s role as the mover of the impeachment motion is significant, as Rogony is a key figure within the county assembly. His influence over other MCAs likely played a role in securing the majority vote in favor of the motion. However, critics of the impeachment effort argue that it may be part of a broader political agenda aimed at destabilizing Governor Mutai’s administration.

The Legal Arguments

At the heart of the legal case is the question of whether the County Assembly followed the correct procedures in initiating and debating the impeachment motion. Governor Mutai’s legal team is expected to argue that due process was not followed, and that the MCAs acted outside their mandate in moving to impeach the governor. Specifically, they may challenge the validity of the accusations, arguing that they are either politically motivated or based on incomplete evidence.

The Constitution of Kenya provides clear guidelines for the impeachment of governors, requiring that such actions be based on gross violations of the Constitution or the law, abuse of office, or gross misconduct. These are high standards, and the court will likely consider whether the allegations against Mutai meet this threshold.

In addition, Mutai’s legal team may point to past impeachment cases involving governors, where courts have intervened to halt the process on the grounds that the assembly had not adhered to legal procedures. In some cases, courts have ruled that impeachment processes must meet strict standards of evidence and procedure to be valid, and that political motivations cannot be the sole basis for removing a governor from office.

Implications for Devolution and Governance

The case of Governor Mutai raises important questions about the future of devolution in Kenya. While the 2010 Constitution sought to empower local governments and give them greater autonomy, the frequent impeachment battles between governors and county assemblies suggest that there are still unresolved tensions within the devolved system.

For many Kenyans, the promise of devolution was that it would bring government closer to the people, improve accountability, and ensure that public resources were managed more effectively at the local level. However, the frequent clashes between governors and MCAs raise concerns about whether these objectives are being met.

The judiciary’s role in these cases is also crucial. While courts are often seen as the final arbiters in disputes between county governments and their assemblies, some have criticized the judiciary for overstepping its bounds and interfering in the political process. Others, however, argue that the courts play a necessary role in ensuring that impeachments are conducted fairly and in accordance with the law.

What’s Next for Governor Mutai?

As the legal case unfolds, Governor Mutai remains in office, albeit under a cloud of uncertainty. The court’s ruling has temporarily halted the impeachment process, but the case is far from over. The High Court’s final determination will be critical, not just for Mutai’s political future, but for the wider political dynamics within Kericho County and beyond.

Should the court rule in his favor, Mutai will be able to continue his tenure as governor, although he may face ongoing political opposition within the county assembly. On the other hand, if the court allows the impeachment process to proceed, Mutai could face removal from office, a significant political setback.

The case also serves as a cautionary tale for other governors, highlighting the delicate balance they must strike between managing county affairs and maintaining the support of the county assembly. As Kenya’s devolved system continues to evolve, the tensions between governors and MCAs are likely to persist, with courts playing an increasingly important role in resolving these disputes.

Conclusion

The halt of Governor Eric Mutai’s impeachment by the High Court underscores the complexities of devolution in Kenya and the challenges faced by governors in navigating local politics. The legal battle is just one aspect of the broader power struggle between county executives and assemblies, which continues to shape the landscape of governance in the country. As the case moves forward, it will offer further insights into how Kenya’s legal and political systems manage these tensions, and what lessons can be drawn for the future of devolution in the nation.