The Labour court on Tuesday upheld the impeachment of Kisumu Finance minister Nerry Achar.
Mr Achar moved to court last year to challenge his ouster on grounds that he was not given a fair hearing.
Justice Nduma Nderi dismissed his petition and ruled that Mr Achar was given a fair hearing before he was removed.
Justice Nderi ordered Mr Achar to bear the costs of the suit.
Last year, 37 members of the Kisumu County Assembly voted to remove him. They accused him of mishandling the 2019/2020 budget and embezzlement of funds.
His lawyer, Peter Wanyama, told the court that the impeachment was unfair as his client was denied right to fair trial.
He argued that Mr Achar had been given a day to prepare and appear in the county assembly for his impeachment which was against impeachment procedure.
Mr Wanyama also told the court that his client was in Nairobi when he received a notice via WhatsApp asking him to appear in the assembly on August 3 or 4 for impeachment.
“I wrote a letter pleading with the assembly to allow me come with my client on Monday or Tuesday because the said dates fell on a weekend, but my request was turned down,” argued the lawyer.
Mr Achar alleged that the MCAs impeached him on a Sunday without granting him a ten-day impeachment proceeding as required for fair trial.
But Amos Wandago, who stood in for the defendants, refuted the claims stating that Mr Achar did not indicate in his affidavit that he was in Nairobi when he received his impeachment notice.
After the impeachment Mr Achar was redeployed to the Energy docket.
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