Kenya, Aug. 29 -- In the high-stakes impeachment trial of Kericho Governor Erick Mutai at the Kenyan Senate, lawyer Elisha Ongoya has been at the forefront, defending the County Assembly's decision with sharp legal acumen. Known for his commanding presence and rigorous cross-examinations, Ongoya recently addressed a tense moment during the proceedings, where a Kericho MCA became emotional under scrutiny. "I have been very polite to all witnesses. They have no right to be rude to me. I deserve respect," Ongoya stated firmly after the MCA's outburst, highlighting the importance of courtroom decorum in such politically charged Kericho MCA cross-examination sessions.
This incident underscores the intense dynamics of the Elisha Ongoya impeachment trial involvement, as the Senate delves into allegations of financial mismanagement, abuse of office, and constitutional violations against Mutai.
Ongoya, a seasoned advocate and senior lecturer at Kabarak University, leads a team of 12 lawyers representing the Kericho County Assembly. His role in this case builds on his illustrious career, including successful defences in the impeachments of Meru Governor Kawira Mwangaza and former Deputy President Rigathi Gachagua.
In the Mutai trial, Ongoya has meticulously presented evidence, such as payment vouchers and audit logs, to counter claims of a flawed electronic voting process used by MCAs on August 15, 2025. He dismissed defence arguments as "mere sensationalism", arguing that discrepancies in vote logs were due to printing errors, not fraud.
This lawyer Ongoya's demand for respect stance came amid cross-examining witnesses like nominated MCA Gabriella Chepngeno, who admitted to being a "dishonest witness" under pressure, leading to laughter in the Senate chamber.
The trial, which began on August 27, 2025, has seen heated exchanges over the validity of the impeachment motion. Governor Mutai's team, led by Katwa Kigen, challenged the two-thirds majority vote, claiming only 29 MCAs supported it instead of the reported 33.
Ongoya rebutted by citing the Assembly's technological upgrades, including laptops provided to MCAs in September 2024, enabling secure online voting compliant with Standing Order No. 77. He drew parallels to the 2020 Mike Sonko impeachment, where similar hacking allegations were dismissed by the High Court.
Beyond procedural debates, Ongoya highlighted substantive charges: fictitious payments to firms like Mengro Products Limited, double retention payouts totalling Sh8.4 million, and the controversial Sh9 million Londiani accident fund. Witnesses, including former ICT officer Kipng'eno Bett, testified to intimidation tactics, such as forced resignations and extortion demands from the governor's aides.
Ongoya's approach emphasises accountability and good governance, accusing Mutai of violating an "unwritten good behaviour clause" in his mandate. He detailed overpriced hires, like Sh325,000 for public address speakers akin to funeral equipment, and illegal land invasions for dumping sites.
These revelations have sparked public interest in Kericho Governor Mutai's impeachment updates, with Ongoya urging senators to verify evidence through cross-examination rather than affidavits alone. Senate Speaker Amason Kingi dismissed preliminary objections on August 27, ruling that factual disputes require full hearings, allowing the trial to proceed through August 29.
This decision ensures Ongoya's team can present up to three hours of witness testimonies, while the defence gets two hours for rebuttals. The emotional MCA incident illustrates the trial's volatility, where witnesses face intense grilling on issues like screen installations at the Assembly, which one MCA suspiciously linked to the impeachment eve.
Ongoya's polite yet firm demeanour, politely asking questions while demanding reciprocal respect, has won praise for upholding professional standards in Kenyan legal proceedings. As a partner at Ongoya & Wambola Advocates, his expertise in public law, from challenging the Building Bridges Initiative to authoring handbooks on election disputes, positions him as a formidable force.
The trial's outcome could redefine county governance, testing the Senate's role under Article 181 of the Constitution. For those following Elisha Ongoya's Senate appearance, this case exemplifies his commitment to justice amid political turmoil.
As proceedings wrap up, Ongoya's insistence on respect during the Kericho MCA cross-examination reminds all involved of the dignity required in democratic accountability. The Senate's final ruling, expected by the evening of August 29, will determine if Mutai retains office or faces removal, potentially setting precedents for future Kenyan impeachment trials.
Published by HT Digital Content Services with permission from Bana Kenya.