Pending criminal charges against Kakamega Governor Wycliffe Oparanya over his failure to appear before the Senate Public Accounts Committee have been quashed by an order of the high court.
Justice George Odunga said the summons to Oparanya that opened a can of worm lacked merit in law.
The court further found and held that summons issued by the Senate were not in compliance with the law.
“There was already an order from the courts stopping the Senate from effecting its summons against the governor, which it disobeyed,” the judge said.
The governor had mounted a challenge against a criminal indictment and obtained an order barring the DPP from prosecuting him.
The Senate PAC, chaired by Kakamega Senator Boni Khalwale, wanted Oparanya to answer to audit queries arising from the financial year 2013/14 budget.
A warrant of arrest was issued in the circus after he snubbed senate summons.
The warrant was issued by the Public Accounts and Investments Committee (PAIC) on Thursday after a consultative meeting with independent commissions, including the Ethics and Anti-Corruption Commission, the electoral commission and the office of the Attorney-General.
Justice Odunga said the PAIC was deliberating on the matter with the Senate at the same time against the law.
He said such bodies should play complimentary roles.
In striking out pending criminal charges he said the prosecution drafted a charge under a wrong section of the law!
The governor himself had trashed the case as a ” political witch-hunt.”
He said the Senate was aware the matter was in the High Court for a constitutional interpretation and the judgement is set for June 9 2017.