A Nairobi court yesterday issued a warrant of arrest against Embakasi MP Ferdinand Waititu after the Director of Public Prosecutions Keriako Tobiko described him as a “serial law breaker”. The DPP said the assistant Water minister already faces several cases of incitement to violence and damage to property.
Yesterday Justice Mumbi Ngugi ordered the MP to present himself before the magistrate court to answer to charges of hate speech. If the MP fails to obey the order, the Judge said arrest warrants, issued by senior principal magistrate Paul Biwott, will be executed.
State counsel Lilian Obuo said the MP has been evading arrest and has a habit of running to court to obtain orders to stall the cases against him. In court yesterday Waititu's lawyer claimed that the DPP was working under pressure from vairous ministers.
“They have already made up their and by obtaining a warrant before issuing summons clearly shows that they are acting in bad faith. I submit that this is a highly politicized case. They have to remove emotions from the case,” said Waititu through his lawyer Evans Ondieki.
Waititu is accused of saying, “Tunasema namna hii, kutika leo, Wamaasai wote tutaki kuwaona hapa Kayole,” (What we are saying is that we do not want to see members of the Maasai in Kayole from today).
In another count, Waititu allegedly said, “Wamaasai wote ni lazima waondoke, na ni watu wa Tanzania na hawana vitambulisho, watu wetu wanaweza kufanya kazi ya watchman”, ( These Maasai will have to move out because they are from Tanzania and without identity cards. We have people who can be employed as watchmen).
Waititu allegedly made the utterances on Monday, September 24 at Embakasi. On Monday two people were killed after a violent confrontation between street boys and watchmen in Kayole in Embakasi.
In his petition at the High Court, Waititu accused Security minister Katoo Ole Metito, Heritage minister William Ole Ntimama and Defence assistant minister Joseph Nkaisery of condemning him before he is heard.
He maintained that the Director of Public Prosecution, the National Cohesion and Integration Commission and the police had instituted hate speech charges against him in bad faith.
The MP requested the court to grant him a conservatory order to halt the case. Waititu said he could lose his post as an assistant minister if he is charged in court. Attorney General Githu Muigai yesterday termed Waititu's remarks as “highly regrettable.”
Muigai said in a statement in Parliament that Waititu cannot be removed from office if he has not been arraigned in court. “The Executive can’t remove from office someone who has not been charged,” said the AG.
MPs led by Bonny Khalwale (Ikolomani) and Olago Aluoch (Kisumu Town West) questioned why he was still an assistant minister while Olago demanded that he be charged with murder.
“The government has taken great strides to promote and protect national cohesion and integration of the esteemed citizens and residents of Kenya. We therefore take great exception to the hateful, derogatory, odious, vile and ill-informed utterances said to have been made by Hon Waititu,” said the AG. Waititu has since apologized and claimed that he was referring to Maasai from Tanzania who are illegally living in Embakasi.
The AG told MPs that the government was committed to protecting the constitutional rights of everyone in Kenya irrespective of their country of origin. Defending himself, Waititu said he made the speech in good faith.
The judge declined to issue him with any stay order saying that the law must be obeyed and that the trial court will decide the matter. The judge advised Waititu that he must first plead guilty or not guilty to the charges. He can then petition the court and go back for hearing on October 18 after serving papers on the AG, the DPP and NCIC.