Nyandarua Governor Daniel Waithaka risks a civil jail term of not less than six months for contempt of Court, if contempt proceedings at a Nakuru court sail through.
Lady Justice Janet Mulwa directed parties in the application filed by ousted County Executive Committee Member of Finance and Economic Planning Nelson Ngaruiya to appear in court on February 4 for further directions.
The Judge further extended orders restraining the governor and the county assembly from interfering with Ngaruiya's employment, pending the hearing and determination of the contempt of court case.
The petitioner argues that the governor defied an order by the High court restraining him and the Nyandarua County Assembly from ousting him from office.
On October 13, last year, Judge Anyara Emukule granted Ngaruiya a temporary injunction halting his removal from office, after the petitioner moved to Court seeking orders to stop the County administration from removing him from office.
The court had also barred the county assembly from tabling, debating, passing or implementing recommendations of the county assembly Select Committee report.
Ngaruiya had been accused of alleged breach of Public Finance Management Act by implementing a budget other than the one approved by the County Assembly for the financial year 2013/2014.
Following the allegations, the petitioner was asked to step aside on account that the misconduct was under investigations by a Special Select Committee formed by the County Assembly.
However, according to the petitioner the appointment of the special committee to investigate the allegations was outside the mandate of the County Assembly thus a gross violation of the Public procurement and Disposal Act.
He noted that the issue is within the mandate of Office of Controller of the Budget and the misconduct ought to have been investigated by the Public Procurement Oversight Authority.
Governor, Waithaka through his lawyer submitted that the orders issued were a misrepresentation of facts and circumstances and they have greatly affected the County Government service provision.
He urged the court to dismiss the case as it was a waste of court process and hindered developmental agenda in the County.
Last year the governor announced a cabinet reshuffle in which the docket of Finance and Economic Planning was allocated to Nderi Ndiano, dropping Ngaruiya.