The Auditor-General Edward Ouko moved to court on Wednesday (8/03/17) to stop his removal from office.
Mr Ouko sued President Uhuru Kenyatta, the National Assembly, its Speaker Justin Muturi and Clerk Justin Bundi as well as the Attorney-General Githu Muigai.
Mr Ouko wants Mr Muturi stopped from forwarding any recommendations made by Parliament to the President, who is expected to form a tribunal to probe him.
Through his lawyer Otiende Amollo, the Auditor General claims his right to Fair Administrative Action Act as well as National Assembly’s Standing orders have been violated.
“Given the malicious nature, the unprecedented fast-tracking and the unfair manner that the process was undertaken, he is apprehensive that the process will irreparably violate his fundamental rights and freedoms. It therefore in the interests of justice that this matter be certified extremely urgent,” Mr Amollo indicated.
Mr Ouko argues that he was not given adequate time to defend himself, was never told who his accuser is or the nature of allegations he was to face.
The petition seeking Mr Ouko’s removal from office was presented last month by Mr Emmanuel Mwagonah, who accused Mr Ouko of wasting public funds by accumulating a Sh1 million phone bill on his iPad while he was abroad.
He was also accused of irregularly authorising the procurement of an Audit Vault software at Sh100 million instead of Sh18 million.
Other allegations include, failure to submit reports to the President and Parliament at the end of financial years, giving an audit firm that was supposed to be auditing his office other work, and buying an office at a cost of Sh10 million in Mombasa, which was never used.
The Director of Public Prosecutions (DPP) Keriako Tobiko, however, cleared Mr Ouko of all the three charges of corruption last month, but approved prosecution of retired Deputy Auditor General Stephen Kinuthia on expanded charges.