Nairobi Governor Mike Sonko’s urgent case seeking to stop the anti-graft agency from investigating him hit a snag for the third time Thursday.
The case against Ethics and Anti-Corruption Commission (EACC) and its director of investigations Abdi Mohamud failed to be heard for the third time after the trial judge Justice Mumbi Ngugi was bereaved.
The petition was to be heard before Justice John Onyiego on Thursday morning but parties in the case were asked to go back to Justice Ngugi’s court.
Justice Onyiengo said the case had been wrongly listed before him in the cause list and was properly before Justice Ngugi.
Justice Onyiengo 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's lawyer.
Among the new requests sought by Sonko, is an order blocking his arresting and prosecution or filing any charges related to the investigations against him pending an inter-partes hearing of his application.
Mr Sonko 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 levelled against him in the petition in accordance with the provisions of the law.
The governor 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 as provided for in the Anti-Corruption and Economic Crimes Act number three of 2003 by unlawfully, illegally, selectively and discriminately pursuing investigations against him.
The Nairobi County boss accuses Mr Mohamud of exhibiting bias towards him after he (Sonko) allegedly linked him with sale of Integrity Centre for Sh1.5 billion alongside others.
Last week Mr Sonko's lawyer told Justice James Makau: “Sonko is ready to be investigated by any other competent body and he is willing to respond to any summons.”
EACC sought time to respond to the amended court pleadings as they have raised issues which need answers.