• Waititu was given the temporary orders on May 23 by Kiambu Principal Magistrate Brian Khaemba who has since resigned after being suspended by the Judicial Service Commission
• “The court cannot interfere with investigations process which the respondents have mandated by the law,” Gichohi said.
A Kiambu court yesterday declined to extend anticipatory orders barring the EACC from arresting Kiambu Governor Ferdinand Waititu and Faith Njeri Harrison.
Chief Magistrate Patricia Gichohi ruled that Waititu had not demonstrated the prejudice he will suffer if the orders blocking his arrest were not extended.
Waititu was given the temporary orders on May 23 by Kiambu Principal Magistrate Brian Khaemba who has since resigned after being suspended by the Judicial Service Commission.
The orders meant Watitu could not be locked up but instead had to be escorted to a police station by his lawyer where he would be informed of what led to his arrest.
Before making the application, Waititu had been arrested and taken to the Ethics and Anti-Corruption Commission offices for questioning over corruption allegations in Kiambu County.
“The court cannot interfere with investigations process which the respondents have mandated by the law,” Gichohi said yesterday.
Earlier prosecution led by Assistant DPP Tom Imbali on behalf of EACC had objected Waititu's application to have the orders extended until the main application heard and determined.
Imbali told the court that Waititu and Njeri have been complying with orders to avail themselves before investigators at the EACC.
He said the applicants wanted to use the back door to continue enjoying the orders.
The DPP, DCI, Inspector General of police, EACC and Banking Fraud Unit are listed as first, second, third, fourth and fifth in the application have been allowed to file their further affidavit in the case within seven days.
Imbali said there was no harassment against the two applications as earlier claimed in their application.
In his orders, Khaemba had also directed Waititu to report the anti-corruption agency investigators whenever required in the course of the probe.
But now Waititu has expressed fears that if the orders are discharged the EACC will start harassing and intimidating him since no order would be in place.
Gichohi also rejected another application by Waititu's lawyers to stay her own orders until the outcome of another application filed by Waititu at the High Court in Milimani seeking to stop her from delivering her ruling on the extension.
She ordered the main application to be heard inter parties on July 24.
(Edited by O. Owino)