A case in which Governor Mike Sonko has sued the Ethics and Anti-corruption Commission and its director has failed to be heard for the third time.
This is after it was communicated that the presiding judge Justice Mumbai Ngugi had taken leave after she was bereaved.
In the case filed under a certificate of urgency, the governor is seeking several prayers among them blocking his arrest and prosecution and EACC director Abdi Mohamud to step aside from his office to pave way for investigations into allegations of corruption.
According to the cause list, the matter was to be heard before Justice John Onyiego at 11am but parties were asked to go before Justice Mumbi Ngugi.
After waiting for over an hour, one of the lawyers went to enquire what was happening and was informed by Deputy Registrar to go back before Justice Onyiego since Justice Ngugi had received an urgent call of a bereavement.
When parties appeared before Justice Onyiego, he said the matter 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 as requested by Sonko’s lawyer Cecil Miller.
He requested for a break to contact Justice Ngugi to know when she would be back in order to give appropriate dates for the hearing but was not able to get her on phone.
“I have not managed to reach her on phone but due to the urgency I will direct the matter to be heard on 3rd next week before Justice Mumbi Ngugi,” Justice Onyiego ruled.
He directed the respondents to file their responses to an amended notice of motion filed on 27th November by the Governor by close of business Monday.
Governor Sonko accuses EACC and Mohamud of having showed open bias, discrimination and unprofessionalism in the conduct of their investigative role in relation to corruption and economic crimes.
Mohamud’s lawyer Paul Muite had however told the court that they were ready to proceed with the matter.