Kericho governor in tight corner as Senate decides

For two days, senators listened to explosive allegations from the county assembly even as Mutai mounted a spirited defence.

MCAs accuse the governor of overseeing fictitious and double payments to “friendly” firms, mismanaging the Sh9 million Londiani accident victims’ fund, and intimidating senior staff.

Mutai, however, dismissed the claims as political malice, blackmail, and a witch-hunt by the assembly.

On Thursday evening, Senate Speaker Amason Kingi said the House would vote on the impeachment motion on Friday after marathon hearings.

“The Senate will rise at exactly midnight tonight. We hope to conclude the case before then and resume tomorrow for deliberations and voting,” Kingi said.

The assembly, led by advocate Elisha Ongoya – the lead counsel – lifted the lid on how the governor has been a “rogue” county boss in his less than three years in office.

In a blow-by-blow account of the allegations facing the embattled governor, the assembly’s legal team rallied senators to uphold the resolution by the MCAs to remove the governor from office by impeachment.

The assembly explained to the Senate how the county government allegedly lost up to Sh8.4 million in double payments of retention money to some eight companies contracted by Governor Mutai’s administration.

The firms include Mengro Products Limited, Prospera Ventures Limited, Bree Ray Limited, Beet World Holdings Limited, Cherire Holdings Limited, Green 80 Limited, Spike Investments Limited, and Roli Ventures Limited.

“Unlike in the past where people have come here with generalised allegations on misappropriation of funds, the county assembly of Kericho has meticulously compiled vouchers pointing to these transactions,” Ongoya said.

Mutai countered the accusations, insisting he was the victim of a flawed process engineered to cut short his career.

At the heart of his defence is the ICT-based electronic voting system used in his impeachment, which he claims was porous and manipulated.

He alleged that some MCAs voted more than once, while others who lacked internet connectivity or even their phones were still recorded as having voted.

According to Mutai, the system was insecure because login credentials — MCAs’ national ID and Integrated Payroll and Personnel Database (IPPD) numbers — were publicly announced by the speaker. This, he argued, exposed the platform to manipulation.

His case was bolstered when Speaker Kingi admitted into evidence an affidavit and expert report by ICT specialist Job Okuon Oguya, which flagged flaws in the voting system.

Kingi further directed the Senate clerk to seek assistance from the ICT Authority of Kenya by availing two experts to scrutinise the system.

“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,” Kingi said, dealing a blow to the assembly.

The governor claimed that some MCAs voted more than once through the system, while others did not vote at all but were indicated to have voted.

“Some of the 18 MCAs who opposed the impeachment lacked internet connectivity on the material date and yet have allegedly been recorded as having participated in the vote,” he said.

In addition, some of the MCAs also reported not having their phones, but were reported to have voted.

He argued that the platform utilised for voting was inherently insecure due to several factors.

According to the governor, the login credentials – the national ID number (password) and the Integrated Payroll and Personnel Database (IPPD) number (username) – of each MCA were publicly announced by the speaker.

As such, the system lacked any provision for MCAs to generate or customise their own passwords, exposing the system to unauthorised users.

The national ID number and the Integrated Payroll and Personnel Database (IPPD) number are publicly accessible information,” he said.

He claimed that the voting link provided to the MCAs was not secured through end-to-end encryption.

This omission rendered the transmission of the login credentials and voting selections vulnerable to interception, manipulation, or unauthorised access during voting and transmission of the results.

During his cross-examination, Alfred Korir Kimutai, Head of ICT at the Kericho County Assembly, admitted that the link was not secured through end-to-end encryption, triggering a barrage of questions from senators about the integrity of the system.

“Mr. Alfred Korir, cybersecurity demands the highest standards; that is why end-to-end encryption is the standard, to make it impossible for unauthorised persons to gain access.”

“Given that you have openly admitted your system is not foolproof, do you still want the Senate to rely on your evidence to remove the Governor?” Kakamega Senator Boni Khalwale posed.

On corruption, the governor fought off claims of overseeing fictitious and double payments to “friendly’ firms, mismanagement of the Sh9 million Londiani accident victims’ fund.

According to the MCAs, the governor failed to implement their report on fictitious payments, which unearthed massive financial irregularities such as overpayments and payments for work not done.

“Cunningly, I have been impeached based on this report before I was even served with it,” the governor said.

According to the governor, most of the corruption allegations are not directly linked to him.

“It is improper and unfair when I am asked to answer and suffer for every action and responsibility that other parties ought to answer for in law,” he said.

He cited the refurbishment of 15 residential houses for Sh2.99 million.

“The department informs me that the contractor would have completed all the works if he had gotten a report from NEMA,” he said.

On the allegation that goods were not delivered, including soya beans, maize germ, sunflower seeds and cotton seed cake, Sh14.98 million, he said all the items were delivered.

“The supporting requisition documentation and related materials are availed in the elaborate defence lodged herewith,” he said.

The governor termed as erroneous claims that he misappropriated Sh351 million meant for the National Agricultural Value Chain Development Program (NAVCDP).

 “The NAVCDP Funds and World Bank Funds are donor-controlled, 28 regulated and audited. They are implemented by third parties, who have not complained. No funds have been misappropriated, nor lost as alleged,” he said.

Further, the county boss denied allegations that he had undertaken skewed, uncompetitive and nepotic appointments of the county employees of various cadres.

The authority to hire personnel, whether nurses or revenue clerks, rests solely with the County Public Service Board.

INSTANT ANALYSIS

 The governor faces charges of gross violation of the constitution, abuse of office, and gross misconduct. Under the charges of gross violation of the constitution and misuse of county funds, Mutai is accused of authorising fictitious payments worth Sh85.7 million for undelivered goods, inflated contracts and incomplete works. Among the irregular claims were the supposed maintenance of 15 residential houses, overpriced supplies and agricultural inputs that never reached farmers. He is further charged with contravening procurement laws by splitting contracts, neglecting to conduct market surveys, and paying suppliers in advance despite Kericho county accumulating pending bills of Sh1.1 billion.