This archive report was first published on 20 December 2019.
On December 20, 2019, the High Court dealt another blow to impeached Kiambu Governor Ferdinand Waititu, dismissing his application to review a Kshs15 million bail.
The court upheld the ruling that commanded Waititu to stay out of office pending the determination of his case, a move that has left his fate as Kiambu County Governor hanging in the balance.
Waititu's lawyer, Tom Ojienda, criticized the additional order barring the governor from entering his Kiambu County office, arguing that it constitutes effective ousting.
Waititu and his wife, Susan Wangari, are charged with corruption over an alleged Kshs588 million tender that was said to have been awarded illegally.
The Kiambu County Assembly had voted to oust Waititu over alleged gross misconduct and abuse of office, citing his influence in awarding a lucrative tender to companies associated with his family and close relatives.
His fate now lies in the hands of the Senate and the court.
According to the High Court ruling, the setting of bail is the discretion of the judiciary, and it also upheld the ruling that commanded Waititu to stay out of the office pending the determination of his case.
"It does not amount to his removal from office. I agree it only amounted to a constructive measure. Neither the judge or the magistrate purported to remove him from office. He’s still the governor…a judge can’t be accused of having removed him from office," the ruling reads.
