Governor Mutai's fate in the hands of Senators

Kericho Governor Eric Mutai will today know his fate as the Senate is expected to vote with finality on his impeachment. While the jury is still out on whether the County Chief will be second-time lucky and evade impeachment or fall on his sword, Senators are set to rule on whether the County Assembly met the required threshold to remove him from office. They will also determine the veracity of corruption allegations levelled against him, among other charges. Governor Mutai's second day of impeachment proceedings was marked by scrutiny of the technological systems used by Members of the County Assembly (MCAs) during the impeachment vote. Both Senators and the Governor's defence team questioned the credibility of the online voting system after revelations that unauthorised persons may have accessed the system. Concerns were raised over the use of payroll and ID numbers as passwords, which could have compromised the process's integrity. This followed evidence presented by the defence on Wednesday, showing that three MCAs allegedly voted more than once, and that one IP address was used to vote nine times. Documents tabled in the Senate by defence counsel Katwa Kigen indicated that the voting was conducted via an online link and was entirely dependent on access to an internet-enabled mobile phone. However, on 15th August 2025, during the impeachment proceedings at the County Assembly, the Speaker and the Clerk reportedly failed to verify whether all eligible MCAs had internet access and devices. "Notably, some of the 18 MCAs who opposed the impeachment lacked internet connectivity on the material date and yet were allegedly recorded as having participated in the vote. This discrepancy raises serious concerns about the authenticity and integrity of the voting process and its outcome," the documents read in part. The MCAs in question include Amos Kimutai Birir (Kapkatet Ward), Chepkirui Edna Tonui, Bosuben Kibet Hillary (Cheplanget Ward), and Martin Kiplangat Cheruyot (Kapkugerwet Ward). As a result, the defence team sought the termination of the impeachment trial, arguing that with four members having opposed the motion, the required threshold of 32 out of 47 MCAs was not met. It is worth noting that an Internet Protocol (IP) address is a unique identifier for each device connected to the internet. It is not possible for one IP to be used by multiple devices unless under special configurations such as a shared network. ICT expert grilled During cross-examination of Kericho County Assembly IT expert Alfred Korir, Senators sought clarification on why a "porous" system was used, the exact number of MCAs who voted in favour-whether 28 or 33-and why the system was not tested prior to voting. "It is impossible to get more than one login using the same credentials at the same time. And yet on page 13 of the evidence, there is a person who logged in twice at the same time and voted two seconds apart. Until this document was presented, they had not been signed out. How is that possible?" asked Kitui Senator Enock Wambua. Senator Veronica Maina asked, "Does this mean anyone with an MCA's payroll and ID information could have accessed the system, given that the proceedings were public and the motion widely known?" Korir confirmed that this was indeed possible. Deputy Speaker Kathuri Murungi questioned, "Why didn't you test the system with your client MCAs before the vote? And if there were doubts about its reliability, why didn't you opt for a manual system, which would have been verifiable?" Senator Moses Kajwang' emphasised the importance of verifying the voting process and asked whether Alfred Korir, Head of ICT at Kericho County Assembly and the expert witness, was willing to extract login logs in the presence of the Governor and a Senate-appointed witness. "Given that you've admitted the system was not foolproof, do you still expect the Senate to rely on such evidence to remove the Governor? Who advised the County Assembly to proceed with a system you knew was flawed?" posed Kakamega Senator Bonny Khalwale. Kiambu Senator Karungo Thang'wa added, "We've seen one IP address vote nine times. Mr Speaker, this is a classic example of a proxy voting system." He added jokingly, "Can the Kericho IT department recommend this system to the IEBC for the next general election?" In his response, Korir explained that the chamber's Wi-Fi had a static IP address, which was picked up by multiple devices. "I believe an IP can be used by more than one device. Members used either laptops or phones to vote, and we also provided a laptop in the chamber for voting," he said. "...There are four MCAs contesting the votes, and as an expert managing the backend, I cannot confirm whether they personally voted. That can only be verified when the members testify." Independent ordered Consequently, Senate Speaker Amason Kingi ruled that the Office of the Clerk should contact the Information and Communication Technology (ICT) Authority of Kenya and request the deployment of two independent ICT experts to assist the Senate. "I direct that the Office of the Clerk provides facilities for the two experts from the ICT Authority to sit with the Head of ICT at Kericho County Assembly, the Governor's ICT expert, and representatives of both the County Assembly and the Governor. The ICT Authority experts shall prepare a report for the Senate," ruled Kingi. The Report, he said, was to answer whether an electronic voting process took place using the system, whether the number of MCAs who voted on the impeachment of the Governor are verifiable and whether it was possible for any MCA or any other person who had a link to vote on the Motion on behalf of an MCA or another MC. Further it was to answer how many MCAs voted in the affirmative on the Motion to impeach the Governor and whether there was any evidence of multiple voting or other compromise of the voting system and/or any impropriety in the voting system or process. "The report must be brief and concise and should be submitted to the Office of the Clerk of the Senate not later than 6:00 p.m. today, Thursday, 28th August, 2025," stated Kingi. The Senate is then expected to vote on the strength of this report today. Denies all allegations Meanwhile, Governor Mutai defended himself against corruption allegations. Regarding claims of misappropriation of Sh351 million meant for the National Agricultural Value Chain Development Programme (NAVCDP), Mutai said the figure was "erroneous and sensational," insisting the actual amount to be disbursed was about Sh281 million. "NAVCDP funds and World Bank funds are donor-controlled, regulated, and audited. They are implemented by third parties who have not raised any complaints. No funds have been misappropriated or lost as alleged," he stated through documents tabled in the House. Mutai also denied involvement in the alleged Sh14.9 million procurement of goods-including soya beans, maize germ, sunflower seeds, and cottonseed cake-which were reportedly not delivered. He insisted that all items were delivered prior to payment, and documentation exists to support the same. "The supporting requisition documentation and related materials are available in the elaborate defence lodged herewith," the Governor noted. On accusations of skewed, uncompetitive, and nepotistic appointments, Mutai said: "The authority to hire personnel, whether nurses or revenue clerks, rests solely with the County Public Service Board. It is untrue that I hired Victor Mutai or confirmed Chepkirui Mercy, as alleged." He explained that the Board conducted a transparent recruitment process, and Ms Chepkirui Mercy was offered a three-year contract on 3rd June 2025, based on merit. "This appointment was made by the Department of Health, with full endorsement and recommendation of the County Public Service Board," he said. "I maintain that the impeachment motion and its grounds are false, brought in bad faith, and driven by ulterior motives unrelated to public welfare."

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