The High Court in Kitui on Wednesday postponed a case in which Lands and Infrastructure executive Jacob Kakundi is challenging his removal by the county assembly.
Defence lawyer Apollo Muinde asked Justice Robert Limo for time so he can file a compelling response. The prayers were granted.
Last Monday, Kakundi through lawyer Musyoki Kimanzi sought orders nullifying his impeachment on September 16 by the assembly.
On Wednesday, Justice Limo moved the interparty hearing to October 12.
Kakundi had on Monday obtained orders from Limo stopping Governor Charity Ngilu from sacking him on grounds of the impeachment.
Speaker George Ndotto had forwarded the resolution of the assembly to the governor for implementation. The governor was thus expected to relieve the executive member of his duties.
But Kakundi pre-empted any action on the resolution by filing the petition challenging his removal.
In the suit filed under a certificate of urgency on Monday, Kakundi had named the assembly, its speaker and five MCAs as respondents. Governor Ngilu was also listed as an interested party.
On Wednesday last week, the assembly adopted the recommendations of a special committee investigating allegations levelled against Kakundi. The executive had appeared before the committee to defend himself.
But the committee chaired by nominated MCA Esther Ndile found Kukundi culpable of a number of charges he faced.
He’s the third Kitui county executive to be impeached by the assembly.
The first of Ngilu’s CECs to be impeached was Mary Nguli, who was in charge of the county treasury.
Nguli went to court and the MCAs’ decision was nullified. She later quit.
Late last year, the MCAs impeached Trade and Cooperatives executive Philip Mumo, who also challenged the decision in court. Mumo lost the case but Ngilu is yet to sack him.