Court temporarily stops case against Nairobi County Chief of Staff George Wainaina

Nairobi County Chief of Staff George Wainaina Njogu will remain in office pending the hearing of the application in which he is seeking to stop criminal proceedings at the magistrate's court.

Justice Isaac Lenaola Monday granted the orders sought by Wainaina to remain in office pending the inter-party hearing in February.

“I have to hear the response from the side of Ethics and Anti-corruption commission, DPP Keriako Tobiko and Nairobi Senator Mike Sonko before I give further directions,” said Lenaola.

Lenaola added that he has considered that fact that there is no prejudice that the prosecution will suffer if Wainaina remains in office till February 2.

“The parties should appear before the court on February 2 for inter-party hearing of the matter," said Lenaola.

Lenaola wanted the prosecution to clarify on whether the money was to be used as bribe.

The DPP was given seven days to file his response. Wainaina moved to the High Court Friday to stop criminal proceeding last. The matter was certified urgent.

Through his lawyer George Kithi, Wainaina claims that the process of prosecuting him was unconstitutional. He claims that Nairobi Senator Sonko has arrogated himself statutory powers of investigation of alleged economic crimes.

Kithi said that by a press statement dated January 4, 2016 Sonko arrogated himself the powers to direct DPP and that of EACC in the investigations of the alleged crime.

He added that pursuant to that press release which he terms illegal, the DPP and EACC allegedly launched investigations and proceeded to arrest and charge him.

Wainaina claims that his rights have been violated and the findings of the investigations are not based on factual information.