Justice Isaac Lenaola however declined to stop the censure motion against Ondieki by the Nairobi County Assembly.
“In the meantime, not withstanding any resolution that the City County Assembly may make, the Governor of Nairobi County is restrained from dismissing the county executive member pending hearing and determination of the case,” Lenaola ruled.
Omtatah claims that the censure motion is motivated by malice, bad faith, ill will and witch-hunting while insisting that allegations of corruption levelled against Ondieki need to be investigated first.
He wants the High Court to direct the EACC to conduct investigations into allegations that Members of the Nairobi County Assembly were bribed in order to block the purchase of city buses.
He argued that the entire impeachment process is in violation of Ondieki’s fundamental rights as enshrined in the Bill of Rights. READ Kidero defends impeached Transport chief
He accused the MCAs of violating due process on grounds that their actions are illegal because they seek to abuse a very strong political weapon of impeachment at their disposal.
He urged the High Court to hold that the removal of the transport executive from office should be legitimate and the process should strictly adhere to the substantive and procedural law as stipulated in the Constitution.
By consent, lawyers representing the Speaker of the County Assembly, the County Assembly, interim clerk and Ethics and Anticorruption Commission agreed that the case be heard from May 16.
The County Assembly objected to the suit stating that the censure proceedings were conducted in accordance with the law.
It is also their argument that petitioners have not established a prima facie case against the respondents.
“The petitioners have no basis to lodge the suit since everything was done in accordance with the law,” the court heard.