Homa Bay Principal Magistrate, Susan Ndegwa, has withdrawn from a case against Suna East Member of Parliament Junet Mohamed.
Mr Mohamed was accused last year in July of perpetrating hate speech.
Magistrate Ndegwa, however, did not give a detailed reason as to why she would not preside over the case.
The legislator was arraigned in a Homa Bay court on July 21, 2017.
[caption caption="NASA leader Raila Odinga, ANC's Musalia Mudavadi and Suna East MP Junet Mohamed"][/caption]
He was accused of uttering words against the National Cohesion and Integrity Act during a political gathering attended by Mombasa Governor Hassan Joho, Homa Bay Woman Representative Gladys Wanga and other leaders.
The offence was allegedly committed at an Orange Democratic Movement (ODM) party youth meeting in Homa Bay town.
The Minority Chief Whip was accused of asking Mr Joho to prepare grounds in Mombasa where the swearing-in of National Super Alliance (NASA) leader Raila Odinga would be conducted.
The swearing-in move would have made the Opposition leader become President of certain parts of the country except for the Central region.
Junet was, however, released on a cash bail of Sh 100,000 or a bond of Sh500,000 with surety of a similar amount.
[caption caption="Mombasa Governor Hassan Joho and Suna East MP Junet Mohamed"][/caption]
Ms Ndegwa had scheduled the case for mention on January 26, 2017.
The case will now have to be placed before another magistrate on that day.