Machakos Governor Dr Alfred Mutua will not be arrested for failing to honour Senate committee summons.
This is after the High Court suspended the warrant of arrest against him.
Justice J. A Makau sitting in Milimani on Friday suspended the warrant citing breach of Mutua's constitutional rights.
In a ruling quoted by Standard Digital, Justice Makau issued orders restraining the Inspector General of Police from acting on the warrant of arrest issued by the Senate Public Accounts and Investment Committee (PAIC) pending hearing and determination of the matter.
Last week, the Moses Kajwang-led committee called for the arrest of governor Mutua for deliberately snubbing summons to appear before them.
However, the governor who is currently out of the country said the sermons were politically instigated.
He moved to the High Court to seek several reliefs among them to quash his arrest warrant.
Dr Mutua sought the court orders through lawyers Wilfred Nyamu, Bernard Mung’ata and Mwengi Mutuse who filed an ex-perte application under a certificate of urgency.
In a notice of motion filed before Justice Makau, the governor's lawyers claimed the issuance of the summons by the Senate PAIC was drastic, absurd and unwarranted.
They maintained that the governor had not refused to appear but rather requested for an adjournment.
Mutua’s legal team further faulted the move by the senate PAIC to summon the governor while they already knew he was out of the country.
“By summoning the first petitioner while away and without adequate notice and issuing a warrant of arrest in a situation where he was understandably unavailable, the first respondent abused its powers to summon and enforce attendance as outlined under Article 125 of the constitution of Kenya 2010,” they said as quoted by Standard Digital.
The matter comes up for mention on November 18th 2018.