Kericho Governor Erick Mutai survived impeachment in the senate on a technicality after 34 senators voted to uphold a preliminary objection raised by the governor.
The governor had argued that the county assembly did not meet the two thirds threshold when they impeached him.
Some 31 MCAs out of 47 had voted to impeach to the county chief.
Mutai said that the Assembly needed to raise 32 votes to impeach him.
After hours of debate, Speaker Kingi ruled that the matter be subjected to a vote by all the 47 delegations (elected senators).
Some 34 senators voted to uphold the objection while 10 voted against. There was no abstention.
Mutai raised preliminary objections to his impeachment case before the Senate.
Through lawyer Katwa Kigen, the governor says that the county Assembly prosecuted the impeachment case despite the existence of a court order barring them from doing so.
The same order, he said, barred the senate from receiving a resolution from the county assembly.
Kigen adds that the assembly did not meet the two-thirds threshold to impeach the governor.
He said that 31 voted to impeach the governor against a threshold of 32. As such, he wants the Senate to rule on the matter before the case proceeds.
“The speaker of the County Assembly was wrong. It is only 31 out of the 47 who voted in support of the motion,” he said.
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