Lawmakers have resumed the open session after a one-hour closed session to deliberate on the case ahead of hearings.
Speaker Amason Kingi read out the genesis of the case before the charges were read out for the governor to plead to them.
Mutai has appeared in person to plead to the charges.
Kericho Governor Dr Erick Mutai’s Senior Counsel Katwa Kigen has sought an injunction to stop the removal by impeachment motion of his client stating that the matter is subjudice since its pending at the court.
While submitting the defence, immediately after the Speaker of the Senate Amason Kingi table the impeachment motion against the already ousted Governor by the County Assembly, the Counsel said its fair administrative process
He said the motion was below the recommended quorum of 31 members out of 47 sitting Members of County Assembly, where the requisite number should be two thirds which is 32 MCAs under the guidance of the County Government Act, 2012
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‘’This impeachment motion was carried out against the provisions of the constitution that we must all respect and abide to, this begs the plea to annul this process until the speaker of the county assembly conducts themselves in a more legal manner,’’ renown lawyer Katwa Kigen stated
The motion that has been brought to this senate is so incompetent that it has fallen below the required legal processes, he added