Justice Joseph Onguto instead referred the matter back to Justice Isaac Lenaola who will hear it on January 12.
Justice Onguto on Tuesday said he was not in a position to issue the orders sought, saying only Justice Lenaola can do so. Dr Mutua was not in court during the session, but was represented by his lawyers.
Dr Mutua through his lawyer Wilfred Nyamu had asked the court to reinstate the orders to stop the Ethics and Anti – Corruption Commission and Director of Public Prosecutions from arresting and prosecuting him, saying he is likely to suffer prejudice if the orders are not issued in his favour.
Lenaola had on Friday last week dismissed Dr Mutua’s July 3 application seeking reinstatement of temporary orders stopping investigations against him.
“He enjoyed the conservatory orders and I fail to see how his right to a fair trial has been compromised in the circumstances,” the Judge ruled last week while dismissing his application.
The judge had earlier issued the conservatory orders barring the EACC from investigating, arresting or prosecuting the governor after protests that he had not filed more court documents on time.
The governor is accused, alongside six others, of fraudulent purchase of secondhand Subaru vehicles without following the laid down procurement regulations. He denies the claims, arguing that he does not participate in tender issues.
And with Tuesday’s development, nothing stops the EACC from investigating, arresting and prosecuting the governor unless it decides to wait until January 12 when the case will come up before Justice Lenaola.