A case in which a former Nakuru County Executive is accused of earning illegal salary while unlawfully in office will proceed to full hearing on February 13,the high court heard on Monday.
Lady Justice Abigael Mshila directed that the parties in the case furnish themselves with documents in the case ahead of its hearing date.
In the suit,a lobby group; Counties Efficiency in Development(CEDEV) moved to court seeking a declaration that all salaries, benefits, allowances and honours Sam Gitau received as the executive member for Trade and Industrialization were unlawful.
They termed the salary ill-bigotten and want the court to compel Gitau to refund the money claiming that it was wastage of taxpayers cash.
Gitau resigned on May 7,following allegations of fake academic credentials.The lobby group claimed that he falsified his degree and KCSE papers to get a job with the Nakuru government.
His lawyer Munene Chege had earlier told the court that the suit is against rules of natural justice as it intended to brand the defendant guilty before investigations on his academic credentials were concluded.
Chege urged the court to dismiss the suit arguing that it was an abuse of the court process and an act of witchhunt.
CEDEV through lawyer Mr John Githui want the high court to order Gitau to refund the monies which they have maintained were not earned legitimately.