Distinguished professor at the State University of New York Makau Mutua has said that Kiambu Governor Ferdinand Waititu is prohibited by the constitution from conducting his gubernatorial duties no matter his location.
Prof Mutua clarified that the ruling that Waititu stays away from his office meant he avoids his official duties and not his physical office.
Just about two days after his release, Governor Waititu was seen inspecting various projects. They include a Kikuyu market and Wangige level 4 hospital which are under construction. He also toured Tigoni hospital and various roads in Kiambu County.
“I do not have to operate county activities from my office at the county headquarters. I can do it from anywhere. The court was very clear that the only place I cannot access is the county headquarters, but Kiambu is a very big county with a lot of places to conduct and run the affairs of the people who voted for me,” Waititu was quoted saying.
This will cause some friction between Waititu and his deputy governor James Nyoro who assumed the governor’s roles when the former was in custody.
He was adhering to a ruling by high court judge Mumbi Ngugi that said that governors charged with criminal offences should step aside. Consequently, their deputies should take over during the period the governor is in trial.
Waititu was charged together his wife, Susan Wangari, and eight other officials with six counts. Among them was procurement irregularities in the awarding of a tender worth Sh588 million.
Waititu and the owner of the company that was awarded the tender, Charles Chege, were each released on a Sh15 million cash bail. The governor’s wife was freed on a Sh4 million cash bail. The rest of the suspects secured their freedom with Sh1 million.
The case will be heard again on August 26, 2019.