GRAFT CASE

Waititu second attempt to access office deferred

File to be placed before the President of the Court of Appeal William Ouko for directions.

In Summary

• Waititu on Wednesday told the court that there were pressing issues in Kiambu which cannot wait until a decision on appeal he filed is delivered on December 20.

• The governor says his deputy James Nyoro has purported to fill the vacancy that was created by the 30 July order of the court. 

Kiambu governor Ferdinand Waititu. /FILE
Kiambu governor Ferdinand Waititu. /FILE

Embattled Kiambu Governor Ferdinand Waititu has sought to quash a court order barring him from accessing his office. 

Through his lawyer Tom Ojienda, Waititu on Wednesday told the court that there were pressing issues in Kiambu which cannot wait until a decision on appeal he filed is delivered on December 20.

But justices Roselyn Nambuye, Kathurima M’Inoti and Sankale ole Kantai directed the file be placed before the Court of Appeal president William Ouko for direction.

The judges said that Waititu had already argued his appeal and should wait for judgement on December 20.

In the fresh application, Waititu says his failure to access the office constitutes an unlawful removal from office and a cause for instability in the county.

The governor says his deputy James Nyoro has purported to fill the vacancy that was created by the 30 July order of the court. 

Anti-corruption magistrate Lawrence Mugambi barred Waititu from accessing his office until the determination of a Sh588 million graft case against him.

Waitiu appealed to the High Court but Justice Ngenye Macharia declined to suspend Mugambi’s decision.

The county chief subsequently appealed to the Court of Appeal and the matter is awaiting determination. 

The prosecution has lined up 68 prosecution witnesses to testify in the graft case.

Waititu fears that his trial will not be heard and determined before the next general election.

“Having to wait for the trial to be concluded and hope not to be convicted for an offence punishable for at least 12 months is as good as not just ending my term as governor prematurely,” he says

He wants the court to suspend the decision of Ngenye and Mugambi. 

Also sought is an order restraining Nyoro from discharging the functions of a substantive governor of Kiambu.

He claims that Nyoro has invoked Section 30 of the County Government Act (2012) to re-assign duties to members of the county executive committee.  

Waititu says the provision allowing the DG to act as the governor is subject to delegation and is limited to simply overseeing the functions and sittings of the CEC.

“Unless my application is heard and determined, my term will be brought to an unconstitutional end and the legal and enforceable activities of the office will be brought to an illegitimate halt,” he says