• He claims to be apprehensive evidence of the witnesses will be skewed, designed to infringe on his constitutional rights, culminating in an unfair trial.
• The trial was scheduled to start on Monday but Waititu asked for an adjournment on grounds the Senate intends to start his impeachment process on Tuesday.
Image: FILE
Impeached Kiambu Governor Ferdinand Waititu wants the statements of two prosecution witnesses expunged from his Sh588 million corruption case.
He sought and was granted an adjournment.
Magistrate Thomas Nziuki allowed Waititu's application. He said he will first deal with the matter seeking the expungement of the two state witnesses on January 30, deliver a ruling and then start the trial on February 6.
Waititu, in a fresh application on the witnesses, says Faith Harrison and Justus Kinoti held senior and influential positions as county director of the supply chain management and chief officer in charge of finance, respectively.
“The state witnesses have duly acknowledged in their respective witness statements that they played fundamental roles in the transactions touching the substratum of the suit. They made the final decision or approval in their respective dockets," Waittu's application says.
He says he is apprehensive the evidence to be adduced by the witnesses will be skewed and designed to infringe on his constitutional rights, culminating in an unfair trial.
“I have a constitutional right to adduce and challenge evidence and the state and the two witnesses have a constitutional obligation to be accountable for their administrative acts," his application reads.
The trial was scheduled to commence on Monday but Waititu sought an adjournment on grounds that the Senate intends to start his impeachment process on Tuesday
He said through lawyer Gitobu Imanyara that they will be before the Senate for 17 days and he needs to appear before the lawmakers to defend himself.
“I cannot be able to defend myself in the Senate and at the same time be in court. The senate’s hearing has constitutional timelines and the right to a fair trial cannot be limited,” he said.
But prosecutor Nicholas Mutuku said no evidence was tabled in court to prove that the impeachment hearing starts Tuesday.
“We did not receive any indication that Waititu has a hearing before the Senate. Let this matter proceed as witnesses are present in court,” he said.
The court also heard that the original file was not with the trial court. The original file is with Justice John Onyiego, who will decide on January 29 whether several MCAs will be enjoined in the case. The MCAs lost the application in the trial court but appealed to the High Court.
Magistrate Nziuki allowed Waititu's application.
“There’s likely to be prejudice on both parties if this case proceeds today [Monday]. There’s a valid reason to have the matter adjourned awaiting the ruling and return of the original file once the High Court delivers the ruling,” he said.
Waititu was arraigned last July alongside his wife Susan Wangari. The other accused are Luka Mwangi, Charles Chege, Beth Wangechi, Zacharia Njenga, Joyce Ngina, Simon Kabocho, Anselem Gachukia, Samuel Muigai, Testimony Enterprises Limited, Saika Two Estate Developers Limited and Delta Hotel.
The main issue is an alleged irregular road tender.
It is alleged that between July 2, last year and March this year at Kiambu county, Waititu knowingly acquired an indirect private interest of Sh25.6 million in respect to payments made to Testimony Enterprises for contracts awarded to the company by Kiambu county.
Court documents say that he and his wife, as the proprietors of Bienvenue Delta Hotel, between October 3, 2018, and January 2019, jointly received Sh7.2 million from Testimony Enterprises, having reason to believe the money was corruptly obtained from Kiambu county.
(Edited by V. Graham)