High Court Judge George Odunga has quashed the proceedings conducted by the National Assembly Departmental Committee on Finance and Trade against Auditor General Edward Ouko.
According to Justice Odunga, the grounds on which the committee is seeking to eject Ouko do not meet the threshold of fair administrative action.
The committee had called for investigations into Mr Ouko and sought his removal.
In February this year, the Speaker of the National Assembly Justin Muturi directed the House legal counsel to appeal a High Court order barring the Finance Committee from handling the petition on the removal of Ouko from office.
In his communication to the House, Muturi refrained from commenting on whether the High Court order should be obeyed or not.
Speaker Muturi, however, said the High Court order was unconstitutional because it violates the principle of separation of powers as outlined in the Constitution.
He urged the Judiciary to refrain from interfering with internal procedures of the National Assembly just as the MPs do not purport to question the manner in which courts perform certain matters filed before them under those rules.
Previously, the Auditor General had expressed that the petition would have been reviewed for sufficiency and legality by the clerk and subjected to an advisory committee.
He further argued that it contravened the Petition to Parliament Act and the Standing Orders as it failed to indicate that the subject matter had been dealt with by the Director of Public Prosecutions.
Ouko expressed regret that the National Assembly had been dragged into a malicious and sustained campaign by a group of individuals who have previously sought his removal through various complaints and which, after an inquiry by relevant investigative agencies, exonerated him.
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