The High Court in Eldoret has blocked the Elgeyo Marakwet assembly from impeaching Roads executive Kevin Biwott, an ally of Governor Alex Tolgos.
An ad hoc assembly committee selected to probe Biwott was thrown into confusion on Tuesday when Biwott, who had been summoned, showed up with the court injunction.
Biwott is accused of failing to pick calls from the MCAs, failing to attend cabinet meetings and sessions on tendering issues, among other things.
He and the governor say the move is political.
The order was issued on Tuesday by High Court judge Hellen Omondi after Biwott sued the assembly, the ad hoc committee, the county government and the assembly speaker and clerk.
Biwott had argued the committee was considering an illegal motion that he called contrary to Order 66 of the assembly's Standing Orders.
The ad hoc committee was selected during a chaotic sitting last week when blows were exchanged. It had prepared to start sittings aimed at approving impeachment.
Committee members were caught unawares by the court order.
The MCAs were set to draw allowances and retreat to write their report but the plan backfired when Biwot arrived with his lawyer.
"Mr Chairman, I am here as the lawyer for Biwott, and there is something here I have brought for you," lawyer Jaen Masai said.
Soy South MCA Jonah Tanui, who chairs the committee, will now have to focus on the court case.
Governor Tolgos has accused MCAs of targeting the executive for political reasons.
“We are aware that they have already written their report against Biwott and I can see politics in all this," Tolgos said.
He claimed part of the money meant for the Arror and Kimwarer dams was being used at the assembly to sabotage his work.
Members of the committee include Tanui, Jasline Rutto (Nominated), Zach Magut (Soy North), John Yator (Emsoo) and Paul Kipyatich (Embobut).
The stormy assembly session involved factions for and against impeachment. Opponents said it was aimed at undermining Tolgos.
The county has been operating with two rival camps that have stalled most activities. Speaker Kiplagat Sabulei said MCAs were free to operate the way they wish as long as assembly business was conducted legally.
