The impeachment trial of Kericho Governor Erick Mutai entered its second day this Thursday, with the County Assembly presenting further witnesses in support of its case against the embattled county boss.
The proceedings, presided over by Senate Speaker Amason Kingi, saw the Assembly’s witnesses pressed to defend the integrity of the electronic voting process that had resulted in the Governor’s removal, while Governor Mutai’s legal team cast doubt on the credibility of the system.
The third witness for the Assembly, Alfred Korir, who serves as the Head of ICT at the County Assembly, dismissed suggestions that some Members of the County Assembly (MCAs) listed as having voted to impeach the Governor had in fact not voted.
In his submission, Korir insisted that the electronic voting system used was credible and accurate, capturing the details of all MCAs who cast their vote. He further emphasised that the entire exercise, including the announcement of results was streamed live on the Assembly’s official Facebook and YouTube platforms to ensure transparency.
“To the best of my knowledge, the voting exercise was transparent, free and fair,” Korir told the Senate.
However, Governor Mutai’s legal team strongly disputed his testimony, describing the process as flawed and unreliable. They argued that the electronic voting system employed by the Assembly was porous, with loopholes that could allow anyone in possession of an MCA’s national identity card number to log in and cast a vote with ease.
The defence also questioned why the voting exercise had taken 11 minutes to conclude in contravention of the County Assembly’s Standing Orders which stipulate that such a process should be completed within five minutes. When pressed on the matter, Mr. Korir acknowledged that the exercise had been extended but attributed the delay to the Speaker’s guidance.
Seeking clarity, Senators subjected Korir to a series of questions about the decision to deploy an electronic voting system in a matter as weighty as an impeachment Motion. They wanted to know why such a system, which was being used for the very first time in Kericho County Assembly had been introduced without adequate preparation.
Senators also sought assurances that MCAs had been trained in the system’s use prior to the voting day and pressed the witness to provide an accurate tally of the total number of Members who voted. Additionally, they demanded to know whether safeguards were in place to ensure non-Members could not infiltrate the system and participate in the exercise.
The witness was further challenged to justify his recommendation for the adoption of the electronic voting system despite being fully aware that its vulnerabilities might compromise the credibility of the outcome.
In a separate application, Governor Mutai’s defence requested permission to introduce expert evidence from Mr. Job Okuon Oguya, whom they described as an information technology (IT) specialist. They sought to rely on his affidavit and a cybersecurity audit report on the Assembly’s electronic voting system.
Despite vigorous objections from the County Assembly’s Advocate who argued that such evidence amounted to the introduction of new material, the Speaker ruled in favour of the defence.
“On the basis of the importance of the question on the voting system and the voting process that was undertaken and relying on Rule 10 of the Rules of Procedure, I allow the application by counsel for the Governor to admit the affidavit by Mr. Job Okuon Oguya and his report on the cybersecurity audit on the Kericho County Assembly Electronic Voting System,” Speaker Kingi ruled.
He added, “I find that the opposition by the County Assembly to the application is outweighed by the Senate’s duty to get to the root of the voting system and the voting process. No prejudice will be suffered by the County Assembly if the Senate establishes the truth of the matter. I also note that, for similar reasons, yesterday I allowed the County Assembly’s application to provide documentation that had been referred to in its submissions but not attached.”
In his ruling, Speaker Kingi went further and directed that independent IT specialists from the Information Communication and Technology (ICT) Authority of Kenya be invited to assist the Senate in interrogating the integrity of the voting system.
“I direct the Office of the Clerk to immediately contact the ICT Authority of Kenya and request that two ICT experts be seconded to the Senate to assist in this matter,” he ordered.
The experts’ report, he said, would be expected to answer critical questions, whether an electronic voting process indeed took place using the system, whether the number of MCAs who voted is verifiable, whether it was possible for an MCA or any other unauthorised person to vote on behalf of another and whether multiple voting or other forms of compromise occurred.
The independent review will also aim to establish the number of MCAs who voted in favour of Governor Mutai’s impeachment and verify if the tallies announced matched the actual votes cast.
In the same morning session, the Assembly presented its fourth witness, MCA Albert Kipkoech, who painted a troubling picture of alleged financial irregularities within the County Government of Kericho.
MCA Kipkoech accused various departments, specifically Lands, Roads, Water, Agriculture and Health of authorising questionable expenditures and making fictitious payments.
He cited, for instance, a payment of Ksh. 2,999,000 by the Lands Department for the renovation of houses before the work had even been completed. The same department, he claimed, spent Ksh.2,985,000 on catering despite the budget allocation being just Ksh.1,000,500.
The MCA further alleged that documents were falsified to cover up these irregularities, with invoices in some cases generated even before contracts for works were signed. He added that certain contractors and suppliers had been paid in advance before commencing any work, while in some cases, payments were made where no goods or services were delivered at all.
However, Governor Mutai’s legal team dismissed these claims, contending that the Governor had not been afforded an opportunity to present his position or respond to the findings of the Assembly’s ad hoc committee before being condemned.
As the proceedings resumes in the afternoon, Governor Mutai’s legal team is expected to present its response, with evidence intended to discredit the Assembly’s allegations. Senators, too, would have an opportunity to interrogate the defence witnesses for clarity.
