• Sonko, in the amended petition, wants the matter referred to Chief Justice David Maraga to empanel a bench of uneven number of judges to hear and determine the case.
The High Court has declined to issue any orders stopping the Sh357 million graft proceedings against Naiorbi Governor Mike Sonko.
Justice Mumbi Ngugi on Thursday said she was not satisfied with the reasons advanced by Sonko's legal team for the court to grant the orders sought.
Sonko and his associates are accused of misappropriating Sh357 million of public funds. He denied the charges and is out on bond.
Meanwhile, the judge directed Sonko to serve the commission, Director of Public Prosecutions Noordin Haji and other parties with his amended petition on the integrity of the director of investigations at EACC, Abdi Mohamud.
The petition also touches on the suitability of Abdi to continue holding office and overseeing investigations at the commission even after allegations of corruption and abuse of office were levelled against him and reported to the commission by the county chief.
Sonko, in the amended petition, wants the matter referred to Chief Justice David Maraga to empanel a bench of uneven number of judges to hear and determine the case.
Through lawyer Cecil Miller, Sonko seeks to have the court determine whether the DPP can rely on the outcome of an investigation conducted by the commission and supervised by Abdi.
Sonko has complained of bias and unprofessionalism on the part of Abdi. He alleged Abdi and his associates at the Anti-graft agency orchestrated the sale of Integrity Centre.
“I reported a complaint at the EACC and Directorate of criminal investigations touching on Abdi's involvement in corrupt activities, unethical conduct and abuse of office in the conduct of his duties at EACC but no response has been received from the commission or DCI regarding my complaint,” Sonko said.
It’s for these reasons he wants an uneven number of judges constituted.
He wants the court to determine whether the commission and its head of investigations -Abdi- is well suited to commence or continue undertaking investigations against him even after he has complained of bias and unprofessionalism.
“The issues raised in the amended petition are of general public and national importance as they relate to the performance of constitutional functions and exercise of powers by constitutional commissions,” Sonko said.
The matter will be heard on February 3.