This archive report was first published on 9 August 2019.
On August 9, 2019, High Court Justice Grace Ngenye ruled that it would be immoral and untenable for Governor Waititu to continue performing his duties while facing trial over a serious crime of stealing from the people he was elected to serve.
The prosecution has accused Waititu of pocketing Sh52 million kickbacks in a Sh588 million roads construction project.
Justice Ngenye stated that there would be no vacuum in Waititu’s absence at the helm of Kiambu County since the Constitution and the County Governments Act provides mechanisms of operations within the county when a governor is away.
“He is being considered morally ill because of the alleged offences, which is similar to a governor who is sick and away from office. It has happened in other counties; when a governor is ill, his deputy takes charge, assisted by the county executive officers,” said Ngenye.
She ruled that public interest demanded that Waititu faces tough conditions to protect the integrity of the case and witnesses who he has control over as their boss.
Justice Ngenye also clarified on the conflicting decision by Justice Hedwig Ong’udi, which allowed former National Lands Commission (NLC) Mohamed Swazuri access to his office, saying it was not a binding decision since the judge only made a general remark.
She ruled that barring a constitutional office holder from accessing his office when facing corruption charges did not amount to removal from office, but to protect wider public interest.
