An Employment and Labour Relations court judge has recused himself from the case in which Nairobi Governor Mike Mbuvi Sonko is challenging his impeachment.
Justice James Rika also declined to lift orders stopping plans to impeach the Governor by a section of Nairobi County MCAs and referred the file back to Justice Nzioki Makau for hearing.
Justice Makau had stopped the planned debate on Tuesday, pending the determination of petition.
The motion was brought by Michael Ogada Okumu but the Governor told the court that a similar motion was filed in February but he obtained orders stopping the process.
Through lawyer Harrison Kinyanjui, Sonko said the proceedings before the Nairobi County Assembly were illegal since there was an existing court order stopping the same.
The Governor argued that the law does not allow the filing of a fresh impeachment motion, as MCA Peter Imwatok has not withdrawn his earlier petition.
He maintained that despite directions from the court on the hearing of the earlier case, the Speaker of County Assembly Ben Mutura and MCAs have not filed any response, delaying the conclusion of the matter.
The lawyer said Mr Sonko sought to be supplied with copies of the motion and those supporting the process on 27th November, as a matter of right, but he was not given because it doesn’t exist.
This comes as MCA allied to Sonko claim that their signatures were forged for the purported impeachment.