By NATION CORRESPONDENT
Posted Wednesday, August 24 2011 at 22:30
Posted Wednesday, August 24 2011 at 22:30
Suspended aide to Prime Minister Raila Odinga has been given the go-ahead to challenge the decision to interdict him.
Vacation judge Wanjiru Karanja, however, declined to order the government to reinstate Mr Miguna Miguna. (Read: Leave Raila alone, Miguna told)
Justice Karanja allowed the government to respond to the issues raised in the case filed by Mr Miguna’s lawyers Nelson Havi and Michael Ogunda.
The judge directed the permanent secretary in the Office of the Prime Minister, Dr Mohammed Isahakia, and the Attorney General to file their responses to the constitutional issues raised in the application.
She gave them seven days to answer the allegations that the government suspended Mr Miguna irregularly.
“We have received a detailed answer to the issues raised by the plaintiff in this case (Miguna). We need time to file affidavits and annexures. Allow us to do so within seven days,” principal state counsel Caroline Oyula asked court.
Ms Oyula admitted that the suit documents were served in the Attorney General office on August 11.
“We embarked on the process of seeking instructions from the defendants. We have managed to secure answers and we are ready to take on the plaintiff,” she told the judge.
Mr Havi said the respondents were served with the court papers 13 days ago.
“They should not be allowed to seek adjournment. If the court is inclined to grant the state’s plea, then grant the orders we are seeking,” he submitted.
In her short ruling, Justice Karanja said: “I grant the plaintiff leave to challenge the governments decision to suspend him. I further direct the prayers seeking stay be heard during the full hearing on September 6, 2011.”
Mr Miguna is demanding at least half of his Sh584,000 monthly salary plus allowances while on suspension.
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