Kingi rules in favour of Kericho governor Mutai as ouster hearings continue
Senate Speaker, Amason Kingi, has made a ruling in favour of the embattled Kericho Governor Eric Mutai.
Speaking after close to one hour of back and forth between the legal teams representing the County Assembly and the governor, Kingi, in his ruling on Thursday, August 28, 2025, allowed the governor’s counsel to invite Oguya, an ICT expert, to testify.
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The debate arose after Governor Mutai’s lead counsel, Katwa Kigen, made an application to rely on an affidavit by Oguya, who had analysed the audit logs provided by the County Assembly.
The defence argued that the logs, which contained MCA credentials such as ID numbers and IPPD details, raised fundamental data security concerns that must be tested before witnesses.
Kingi emphasises due process
In his detailed ruling, Kingi noted that no fair determination of the impeachment trial could be made without subjecting witnesses to cross-examination and allowing the Senate to evaluate their testimonies.
“At the start of proceedings this morning, the counsel for Governor Katwa Kigen made an application to have Mr Oguya called, who he claims to be an expert in IT, to testify.
“I rule that, among other things, no summary determination of this matter is possible without witnesses being called and giving evidence and being subject to cross-examination in the usual manner.
“I also rule that the only way for the Senate to determine this matter is to receive evidence on the matter, evaluate the same and make a finding in one way or the other,” Kingi stated.
He further cited the Senate’s own standing orders.
“Now, senators, rule 10 of the rules of procedure on the removal of a governor provides as follows: the Senate may, at the request of the County Assembly or the governor, invite or summon any person to appear and give evidence of the matter,” he said.
Voting system at the heart of the dispute
Kingi concluded that, given the centrality of the electronic voting system in the impeachment, the governor’s request carried more weight than the Assembly’s opposition.
“Based on the importance of the question of the voting system, I will allow the application of the counsel of the governor to admit the affidavit of Mr Oguya and find that the opposition by the county assembly has been outweighed,” Kingi ruled.
The decision now paves the way for fresh scrutiny of the impeachment process, as Mutai’s team seeks to prove that voting records were compromised.
