The case against EACC and its director of investigations Abdi A Mohamud failed to be heard since the trial judge Lady Justice Mumbi Ngugi is bereaved.
The matter had been slated in the cause list to be heard before Justice John Onyiego at 11am but parties were asked to move to Justice Ngugi’s court.
Nairobi Governor Mike Sonko’s bid to restrain the Ethics and Anti-Corruption Commission from investigating him over corruption allegations has hit a snag for a third time due to the absence of the trial judge.
The case against EACC and its director of investigations Abdi A Mohamud failed to be heard since the trial judge Lady Justice Mumbi Ngugi is bereaved.
The matter had been slated in the cause list to be heard before Justice John Onyiego at 11am but parties were asked to move to Justice Ngugi’s court.
After an hour-long wait, lawyers Cecil Miller for Mr Sonko and Paul Muite for Mr Mohamud were asked by the Deputy Registrar to return to Justice Onyiego for directions “since Justice Ngugi had received an urgent call of a bereavement.”
Justice Onyiego said the case had been wrongly listed before him in the cause list and was properly before Justice Ngugi who was seized of the matter.
Justice Onyiego however declined to issue conservatory orders and directed the case be heard before Justice Ngugi on December 3.
He directed parties to respond to an amended Notice of a motion and Certificate of Urgency filed by Mr Sonko.
Among the new prayers sought by Mr Sonko is an order blocking his arresting and prosecution or filing any charges related to the investigations against him pending hearing of his application.
The governor also wants Mr Mohamud to step aside from his office to pave way for his investigations in relation to allegations of corruption and economic crimes leveled against him in the petition in accordance with the provisions of the law.
Mr Sonko accuses EACC and Mr Mohamud of showing open bias, discrimination and unprofessionalism in the conduct of their investigative role in relation to corruption and economic crimes by unlawfully, illegally, selectively and discriminately pursuing investigations against him.
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