- Waititu’s petition to allow county governors facing graft charges to access their offices was dismissed by the Apex court.
- He was represented by Lawyer Tom Ojienda.
Ex-Kiambu Governor Ferdinard Waititu petitioned the Supreme Court to allow county bosses facing criminal cases access their offices.
Waititu challenged precedent set by inferior courts (Magistrate Court, High Court and Court of Appeal), arguing that barring governors from accessing their offices is unconstitutional as everyone is entitled to a right to fair trial.
According to Waititu through his lawyer Tom Ojienda, being unable to access office is punitive as it is equivalent to removal from office.
The Supreme Court, however, disagreed with his argument saying that not accessing the office cannot be equated with removal from office.
“Removal from office has to be undertaken by the procedure set out in section 33 of the County Governments Act,” read the Apex Court ruling. “The trial court did not order Mr Waititu’s removal from office,” the judges added.
Waititu however insisted that being forbidden to access office is a backdoor method of removing a governor in office. “The bail terms imposed by the anti-corruption court made my working conditions intolerable making me feel as if I am being coerced to leave office,” he told the court.
The court responded by saying his eventual removal from office cannot be blamed on the trial court ruling. The Supreme Court judges on the bench were Justices Njoki Ndung’u, William Ouko, Isaac Lenaola, Smokin Wanjala and Mohammed Ibrahim.