The High Court sitting in Nairobi has declined to issue orders stopping Kitui governor Charity Ngilu from making statements in regards to the county's charcoal ban.
High Court Judge John Mativo on Tuesday, ruled that Kiambu governor Ferdinand Waititu's application seeking to refrain governor Ngilu from making any statements in regards to charcoal ban lacked merit.
The Judge further said that the court had no jurisdiction to issue the orders sought, adding that Waititu's application ought to have been filed in Kiambu or Kitui Law courts.
"I am not convinced that the application meets the threshold to for such orders to be granted," Mativo ruled.
The Judge directed Waititu to serve all the respondents in the suit and return to court on March 21 for further directions.
On Monday, Waititu sued Ngilu seeking court orders to stop the governor from making inciting utterances in regards to charcoal ban.
The Kiambu governor also wanted the court to bar the Kitui governor from stopping the transportation of charcoal ban using the Kitui county routes.
In the suit papers, Waititu argued that Kitui government has been harassing and stopping transporters ferrying charcoal from other counties using Kitui routes.
The Jubilee governor further wanted the court to order Ngilu to use the available legal channels in enforcing her charcoal ban instead of allegedly harassing people suspected to be ferrying charcoal.
In the affidavits sworn in court, Waititu claimed that Ngilu’s utterances amount to incitement and are to blame for the torching of vehicles.
Waititu further said that there is nowhere in the Kitui County Charcoal Management Act that recommends for vehicles found ferrying charcoal to be torched.
Governor Ngilu has been under criticism over incitement to violence allegations in regards to charcoal ban.
Ngilu was grilled by the National Cohesion and Integration Commission (NCIC) on Monday last week, stating that the ban on charcoal will remain in force.
The governor denied inciting locals to violence accusing Kiambu politicians of playing politics with the charcoal and sand harvesting ban.