A judge has dismissed a case filed against Nairobi Governor Mike Sonko Mbuvi over a Sh1.7billion insurance cover.
Lady Justice Hedwig Ong’udi said the court lacked jurisdiction to entertain the case commenced filed by Makongeni Ward MCA Mr Peter Imwatok.
She upheld an objection raised by lawyer Wilfred Nyamu that the case was irregularly filed in court.
The governor had been accused by Mr Imwatok of misappropriating the funds through irregular procurement of health services for City Hall staff.
In her ruling, Justice Ong’undi said the court had no jurisdiction to hear and determine the issues raised.
The judge said Mr Imwatok, who is the Nairobi County Assembly Minority Leader, ought to have pursued his claim through the Public Procurement and Asset Disposal Act procedures, as well the Ethics and Anti Corruption Commission.
“The petitioner ought to have filed his petition through the right agencies. The petition is premature hence it fails,” ruled Justice Ong’undi.
The MCA had asked the court to issue an order allowing the audit of the financial books of AAR Insurance Kenya and Bliss GVS Healthcare Limited for financial years 2015/16, 2016/17 and 2017/18.
The respondents in the more than 16,000 paged petition filed in High court were Governor Mike Sonko, former county secretary Simon Morintant and former finance CEC Veska Kagongo.
Others include director general Public Procurement Oversight Authority, Controller of budget, AAR insurance and Bliss Health care.
The tender was to end in June 30th 2017 but the new regime under Sonko did an extension for three months to allow room for procurement process.