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Court sustains orders barring Governor Waititu from office over Sh588mn fraud case

Waititu (pictured) was arraigned on Monday last week alongside his wife Susan Wangari Ndung’u over Sh588 million tender scam but the two were released on Sh15 million and Sh4 million respectively/FILE – KIAMBU COUNTY

NAIROBI, Kenya, Aug 8 – Kiambu Governor Ferdinand Waititu was dealt a blow Thursday after the decision by a Magistrate’s Court to lock him out of office pending determination of a Sh588 million graft case was upheld by the High Court in Nairobi.

The High Court also declined to review a cash bail of Sh15 million granted to the governor saying the terms are commensurate and appropriate.

Judge Ngenye Macharia found no illegality in the stringent terms given to Waititu and 11 others who are facing graft-related charges before Trial Magistrate Lawrence Mugambi.

According to the judge the lower court rightly imposed the conditions given the grave charges Waititu faces with his co-accused.

Justice Macharia agreed with the finding of Justice Mumbi Ngugi that a public officer/State officer who faces a criminal case is “in immoral ill health” and allowing them back to office would be a mockery of the law.

“Until such a time that he is vindicated absurdity will reign if he is allowed to go back to office,” she ruled

She added: “I find no illegality in the order of Trial Magistrate Lawrence Mugambi in locking him out office until such a time he is allowed by the court to collect personal items.”

While dismissing the application, Justice Macharia held that Waititu, even though deemed innocent until proven guilty, should bring honour and dignity he was elected to by acting selflessly.

“In as much as they are innocent it will be a mockery to the Constitution if such people are allowed to continue with dealing with the county jobs,” Judge Ngenye added.

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