The High Court in Kisumu will next week determine whether it has the capacity to hear a case in which Governor Anyang' Nyong'o sued the State following an alleged withdrawal of his security.

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Kisumu High Court Judge Thripsisa Cherere said that the court will on Monday explain whether the case will be heard in Kisumu or transferred to Nairobi where similar cases have been filed by opposition leaders.

"You know very well that similar cases have been filed in Nairobi. We will discus and agree on whether to hear the case in Kisumu or transfer it Nairobi altogether," Cherere said Thursday.

Nyong'o and his deputy Dr Ochieng' Owili sued the government on Tuesday over what they termed  as 'unwarranted and discriminatory' withdrawal of their security personnel by the state.

The two are among opposition leaders whose security personnel have reportedly been withdrawn for taking part in the inauguration of former Prime Minister Raila Odinga as the 'People's President' on January 30.

Other leaders whose bodyguards have been withdrawn include NASA principals; Kalonzo Musyoka, Musalia Mudavadi and Moses Wetangula among others.

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