Kericho Governor Mutai Sued For Picking CEC as Acting Governor

Kericho Governor Dr Erick Kipkoech Mutai has been sued for improperly picking a non-elected individual to carry out his responsibilities as governor for 10 days while he was away.

Dr Mutai is accused of depriving his deputy Engineer Fredrick Kipng’etich Kirui of his duties by designating Ms Rosemary C. Rop to perform county executive duties from April 23 to May 3, 2023.

The petitioner, Kipkemoi Richard Mutai, wants the high court to find that the governor’s choice was a flagrant violation of the law and the constitution.

“Just like when the President is out of office his deputy takes over, similarly a deputy governor ascends to the office of the governor when he is out of office due to some reasons,” court documents read.

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Through lawyer Geoffrey Lang’at, Kipkemoi argues that the governor violated Articles 2,10,47,73 179 (4) and 179 (5) of the Constitution which expressly outlines the roles of state officers.

The lawyer has told the court that on April 19,2023, Dr Mutai appointed Ms Rop , the CEC Water, Energy, Enviroment, Forestry and Natural Resources to discharge his (governors) duties while he was away.

“You are hereby appointed to be in-charge of all matters to at the Executive Office of Governor while I am away from office on April 24,2023 to May 3,2023,” the governor’s communication to Ms Rop reads.

The letter was copied to his deputy and three other CEC members.

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“The decision by the governor to arbitrarily strip his constitutional mandate and delegate it to a junior officer contravene the principles that guide the exercise of authority by a state officer under Article 7 of the Constitution,” says the petitioner.

Further, the high court has been informed that Governor Mutai illegally and unjustifiably decided to revoke the authority of his deputy, disregarded and violated the objectives of devolution of government, including the promotion of democratic and accountable exercise of power under Article 174 of the Constitution, and did so in a way that was not authorized by law.