Auditor General Edward Ouko on Wednesday sought legal action against President Uhuru Kenyatta and the National Assembly following a petition to remove him from office.
In the court papers, Mr Ouko wants the decision by House Speaker Justin Muturi and Clerk to commit the petition before the Parliament Departmental Committee quashed.
He is also demanding Muturi be banned from tabling the petition before the August House for debate.
In his application filed under a certificate of urgency, the Auditor General stated that the President should also be barred from acting on Parliament's recommendations.
Mr Ouko insists that the petition was fatally flawed and inadmissible. He also argued that he was not given enough time to defend himself adding that he was never informed who his accusers were and the nature of allegations against him
In February, a Nairobi lawyer identified as Emmanuel Mwagambo petitioned Parliament to remove Ouko from office on claims that he was involved in wastage of public funds, contravention of the Constitution in terms of integrity as well as the violation of laws related to procurement, public audit and integrity.
Mwagambo noted that: "In one of his foreign trips in 2014, charges of Ouko's iPad line was in excess of Sh1 million but were not captured as telephone expenditure in accounting records".
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Earlier, Director of Public Prosecution Keriako Tobiko had cleared Ouko of three charges involving irregular procurement of software used to unravel the full scope of the National Youth Service scam.
Keriako dismissed the case that could have seen Ouko removed from office stating: "Based on the analysis of the evidence, I have concluded that the charge of abuse of office recommended by EACC against Edward Ouko is not supported by the evidence in the file, the charge of engaging in a project without prior planning is not supported by evidence in the file and charge of failing to comply with procurement laws is not supported by evidence in the file".
The petition to remove Ouko from office has stirred an uproar in Parliament with ODM legislators vowing to reject it.
