The case in which a civil society group has moved to court seeking to have a former Nakuru County executive refund what they term as ill-obtained salary will proceed to full hearing on November 12, a Nakuru court decided on Monday.
Justice Janet Mulwa issued the directive to allow the two parties to furnish themselves with required documents in the case.
In the suit, Counties Efficiency in Development (Cedev) wants the court to declare that all salaries, benefits, allowances and honours Sam Gitau received as the executive member for Trade and Industrialisation were unlawful.
Gitau, who resigned on May 7 following allegations of fake academic credentials, has objected to the suit that seeks to have him refund all monies, maintaining that he earned the money rightfully.
Gitau, through lawyer Munene Chege, had earlier told the court that the suit is against rules of natural justice as it intends to brand the defendant guilty before investigations are concluded.
He asserted that orders sought in the suit imply that he had been condemned although investigations are pending.
Chege urged the judge to dismiss the suit, arguing that it was an abuse of the court process.
Gitau resigned following allegations that he falsified his degree and KCSE papers to get a job with the Nakuru County government.