Inside Kericho’s Governor Erick Mutai’s 18 Lawyers Team Fighting Against His Impeachment

The fate of Kericho Governor Erick Mutai hangs in the balance as an unprecedented legal showdown unfolds in the Senate, featuring a constellation of 18 top-tier advocates split between defense and prosecution in what promises to be one of Kenya’s most closely watched impeachment trials.

Governor Mutai has assembled a formidable six-lawyer team led by Katwa Kigen, a seasoned advocate who previously represented President William Ruto at the International Criminal Court. The high-profile legal team operating through Katwa & Kemboy Advocates includes Peter Wanyama, Rose Thiong’o, Doris Ng’eno, Joash Mitei, and Evanson Kirui.

Kigen’s selection is particularly strategic, given his extensive experience in high-stakes political cases and his close association with the current administration. His previous successful defense of President Ruto at The Hague has earned him a reputation as one of Kenya’s most formidable criminal defense lawyers.

The choice of Kigen also signals the political dimensions of this case, as the Nairobi-based lawyer has challenged the use of technology in the August 15, 2025, impeachment vote, claiming County Assembly Speaker Patrick Mutai had a predetermined position on the matter.

The Assembly’s Heavy Artillery

On the opposing side, the Kericho County Assembly has deployed an even larger legal arsenal of 12 advocates, demonstrating their determination to see the impeachment through. The team is led by prominent lawyer Elisha Ongoya, who represented former Deputy President Rigathi Gachagua in his impeachment case.

Ongoya’s involvement adds another layer of political intrigue to the proceedings, given his recent high-profile representation of Gachagua. His team from H&K Advocates includes Kimutai Bosek, Sharon Mibey (deputy county assembly clerk), Elias Mutuma, Hillary Kiplangat, Brian Langat, Geoffrey Langat, Victor Kibet, Evans Kiplangat, Elvis Kipkorir, Joel Wakhungu, and Vincent Kiprono.

The impeachment stems from serious allegations against Governor Mutai, including abuse of office, making irregular and illegal appointments, misappropriation of public funds, and flouting the Public Finance Management Act. The governor faces graft, abuse of office and misconduct claims, including Sh85 million fictitious payments.

However, the legal battle’s crux lies in a preliminary objection that mirrors Mutai’s successful defense strategy from his previous impeachment attempt. The governor’s team is challenging whether the county assembly met the constitutional two-thirds threshold required for impeachment.

The Disputed Vote Count

The controversy centers on the electronic voting system used during the August 15, 2025, impeachment session. While the official count showed 33 MCAs voting in favor of impeachment out of 47 members, Mutai’s legal team disputes this figure.

In a sworn affidavit led by MCA Naaman Rop, 18 MCAs claim they did not participate in the electronic vote, arguing that the maximum possible votes cast were 29. The dissenting MCAs have raised serious concerns about the integrity of the voting process, alleging that the system was “already configured and pre-programmed to start counting at six votes” and that the results were “fixed and rigged from the outset.”

The MCAs’ affidavit reveals troubling details about the voting system’s security. They argue that using MCAs’ payroll numbers as usernames and identity card numbers as passwords made it possible for unauthorized individuals to cast votes. “With these username and password details, anyone could cast votes, and indeed some people who were not MCAs stepped in to do so,” the affidavit states.

The allegations extend to claims that the voting gadgets, software applications, and hardware were not end-to-end encrypted, potentially allowing for external manipulation of the results.

Déjà Vu: History Repeating

This marks the second time in less than a year that Governor Mutai faces impeachment proceedings. Mutai previously survived impeachment in 2024 after the Senate overturned the Assembly vote. In that instance, he was saved by a technicality when the Senate determined that the Kericho County Assembly had failed to meet the required two-thirds threshold by a single MCA.

The precedent from October 2024, where 34 Senators voted in favour of the objection raised by Governor Mutai’s legal team, led by Counsel Katwa Kigen while 10 Senators opposed it, provides a blueprint for the current defense strategy.

The outcome of this trial carries significant implications beyond Kericho County. For Governor Mutai, a loss would mean the premature end of his political career just three years into his first term, following what was described as a landslide victory in the 2022 General Election.

For the broader political landscape, the case tests the robustness of Kenya’s impeachment procedures and the integrity of electronic voting systems at the county level. The involvement of high-profile lawyers from both political divides also underscores the case’s national significance.

The Senate has decided to conduct the trial in plenary session, meaning all senators will participate in determining Mutai’s fate rather than delegating the matter to a special committee. This decision amplifies the stakes, as it ensures maximum political visibility and requires the governor’s defense team to convince a larger audience.

As the Senate prepares to hear the case, all eyes will be on whether Katwa Kigen can replicate his previous success in saving Governor Mutai’s political career. The defense’s strategy of challenging the voting process’s legitimacy represents a high-stakes gamble that could either vindicate the governor or expose the vulnerabilities in Kenya’s democratic institutions.

The 18-lawyer showdown represents more than just a legal battle; it’s a test of Kenya’s constitutional processes, the integrity of electronic voting systems, and the resilience of democratic institutions in the face of political disputes.

With the impeachment trial set to proceed, Governor Mutai’s political survival now rests in the hands of senators who must navigate between legal technicalities and substantial allegations of misconduct. Whether he will be “twice lucky,” as the headlines suggest, remains to be seen as this unprecedented legal drama unfolds in the Senate chambers.