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{
"id": 1483442,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483442/?format=api",
"text_counter": 48,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": "Hon. Senators, Ladies and Gentlemen, finally, I now invite the Clerk to read the charges against Hon. Dr. Eric Kipkoech Mutai, the governor of Kericho County."
},
{
"id": 1483443,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483443/?format=api",
"text_counter": 49,
"type": "heading",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "READING OF THE CHARGES ON THE PROPOSED REMOVAL FROM OFFICE, BY IMPEACHMENT, OF THE GOVERNOR OF KERICHO COUNTY, HON. (DR.) ERICK KIPKOECH MUTAI"
},
{
"id": 1483444,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483444/?format=api",
"text_counter": 50,
"type": "speech",
"speaker_name": "Mr. Nyegenye",
"speaker_title": "The Clerk of the Senate",
"speaker": null,
"content": " Hon. (Dr.) Eric Kipkoech Mutai, the Governor of Kericho County, please, take the stand."
},
{
"id": 1483445,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483445/?format=api",
"text_counter": 51,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(Hon. (Dr.) Eric Mutai) took the stand)"
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{
"id": 1483446,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483446/?format=api",
"text_counter": 52,
"type": "speech",
"speaker_name": "Mr. Nyegenye",
"speaker_title": "The Clerk of the Senate",
"speaker": null,
"content": "Hon. (Dr.) Eric Kipkoech Mutai, the Governor of Kericho County, the grounds for your proposed removal from office, by impeachment, as received by the Senate from the County Assembly of Kericho are as follows-"
},
{
"id": 1483447,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483447/?format=api",
"text_counter": 53,
"type": "speech",
"speaker_name": "Ground One: Gross violation of the Constitution and other laws",
"speaker_title": "",
"speaker": null,
"content": "Gross Violation of: 1. The Constitution of the Republic of Kenya, 2010 2. The County Governments Act, 2012 3. The Public Procurement and Asset Disposal Act 4. The Public Finance Management Act, 2012 5. Kericho County laws. The particulars of this Ground are as follows-"
},
{
"id": 1483448,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483448/?format=api",
"text_counter": 54,
"type": "speech",
"speaker_name": "Allegation 1: Misappropriation, Misallocation, and Illegal Drawings of County Revenue and County Finances",
"speaker_title": "",
"speaker": null,
"content": ". That, on various occasions since his election as a governor and subsequent assumption of office, the Governor has engaged in various acts of gross violation of Articles 10, 183 and 201 of the Constitution, Sections 102 and 109 of the Public Finance Management Act, Cap 412A and the provisions of the Kericho County Rating Act, No. 5 of 2019 as follows: (a) Presiding over an administration which has deliberately refused, failed, neglected and omitted to automate revenue collection thus opening up the county’s Own Source Revenue (OSR) to pilferage, misappropriation and theft. (b) The County Government advertised for the procurement of the Integrated County Revenue Management System vide an advertisement dated 14th December, 2023. Despite the tender being responsive and a compliant tenderer being proposed by the tendering committee for the award of the tender, there is evidence that the governor frustrated the award of the said tender. (c) The absence of the automated payment system has adversely impacted on the revenue raising ability by the county through deliberate undercharging of business permits fees and mis-categorisation of zones where businesses are actually situated. For instance, single business permits are issued to the business owners at zones B and C which attract less charges when the actual business is situated at zone A to avoid payment of the actual charges. Similarly, properties situated in areas that attract higher rates are The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1483449,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483449/?format=api",
"text_counter": 55,
"type": "speech",
"speaker_name": "Allegation 1: Misappropriation, Misallocation, and Illegal Drawings of County Revenue and County Finances",
"speaker_title": "",
"speaker": null,
"content": "mis-categorised, charged and issued clearance certificates for areas that are zoned for lower rates, thus perpetrating revenue leaks. (d) The governor presides over an administration that has totally disregarded the Valuation Roll prepared and passed by the County Assembly in 2019 pursuant to the Valuation and Rating Act, Cap 266 thus the county continues to collect property rates under the old Valuation Roll occasioning the county substantial revenue losses. (e) The revenue leaks and losses have seen the county miss revenue targets for two consecutive financial years whereby the revenue collections fall short of the projected revenue by more than 50 per cent. (f) The governor has violated the provisions of Section 104 of the Public Finance Management Act, 2012 whence through his acts of omission, commission, and inaction, he continues to preside over a broken public finance management system which has made the County Treasury ineffective. (g) There is a nexus between the disappearance and/or loss of the county revenue and the governor’s opulent lifestyle since he was elected. Indeed, within two years since his election, the governor’s wealth has grown exponentially, so much so that he can now afford to contribute up to Kshs1 million in a single harambee. Indeed, in one church function, the governor was captured bragging that whereas he did not have the resources when he first vied, “ra ko mi tuguk” loosely translating to “this time I have enough resources”. 2. On or about 31st August 2023, the governor engaged in gross violation of Articles 10, 183, 201, 207 and 208 of the Constitution, and Sections 102, 109 and 110 of the Public Finance Management (PFM) Act 2012, by launching a programme dubbed, Equalizer Kazi Mtaani Initiative, and drawing county funds towards the initiative, without a legislation to anchor the initiative, public participation, prior approval of the County Assembly and the Control of Budget, and prior approval of the Budget and Appropriation Committee. 3. The present and former Chief Executive Committee Members (CECMs), and Chief Officers, have variously reported coercion by the Governor, to make financial allocations for the Governor's own use, from the funds allocated to their respective departments, and which funds they were required to remit, through the Governor's personal assistant; 4. Violation of Articles 201(a), (d) and (e) of the Constitution of Kenya 2010, on principles of Public Finance Management, and Article 226, as read with Article 227 of the Constitution, by presiding over glaring irregularities, evidenced by- (a) iregular award of contracts and evasion of accountability, (b) wilfully interfering in the procurement processes, and the award of tenders; (c) skewed tender awards to various contractors at inflated rate and in collusion with fraudulent contractors and suppliers; (d) irregular implementation of various programs in the county; and, (e) intentionally and negligently presiding over a massive theft of count public funds as evidenced by the Auditor-General report for the financial year ended 30th June, 2023, which raised red flags over various projects. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1483450,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483450/?format=api",
"text_counter": 56,
"type": "speech",
"speaker_name": "Allegation 1: Misappropriation, Misallocation, and Illegal Drawings of County Revenue and County Finances",
"speaker_title": "",
"speaker": null,
"content": "5. On 15th August 2023, the governor compensated the victims of Londiani accident from the County Emergency Fund to cover up for the funds raised by the public and misappropriated by a committee he had formed to steer the funds drive and without a cogent explanation of how the funds publicly raised for the victims had been expended."
},
{
"id": 1483451,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483451/?format=api",
"text_counter": 57,
"type": "other",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "2. Misappropriating and/or Abetting Misappropriation of Publicly-raised Funds"
}
]
}