The High Court has extended an order barring Nairobi Governor Evans Kidero from sacking county legal affairs
director Karisa Iha.
Justice George Odunga said Kidero has not replied to Iha's
application for the judicial review of a report and recommendation for his sacking by
the Commission on Administrative Justice.
Odunga said
on Thursday that no action should be taken until the court makes a decision on the application.
Iha's lawyer Samuel Ogutu told the court findings against his client were "irregular, shoddy, marred with errors of the law, illegal malicious and fundamentally unreasonable".
Ogutu said the commission published the report on alleged irregular allocation of Eastleigh market to a private developer in August 2013.
He said it acted on a complaint from a trader in incriminating the county officer.
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Ogutu further said the case was pending in court at the time the commission was investigating the matter.
He noted there was a provision prohibiting investigations on matters yet to be decided by courts.
"The commission purported to go further with investigations on the land which is the subject of the petition, saying the move was in breach of the law," he said.
The court further heard that businessmen Farah Barrow and Shelk Mohamud filed a judicial review application and obtained orders over the land.
He said his client cannot be "scarified".
Ogutu said that at the hearing of the application, the applicant will seek an order quashing the findings and recommendations contained in the report.
The court directed that the application be sent to the commission, Chief Land Registrar, Nairobi Land Registrar, Director of Survey and Attorney General,
who have all been made respondents.
The matter will be mentioned on October 28.