Even after impeachment as Kiambu governor on January 29, Ferdinand Waititu is still not out of the woods, as the Office of the Director of Public Prosecutions has a strong plan to nail him in court.
On Twitter, DPP Noordin Haji announced that he had compiled 68 witnesses to testify against him.
“Prosecution has lined up 68 witnesses to testify in the Ksh588 million graft case against former Kiambu Governor Ferdinand Waititu, his wife Susan Wangari and eight others.
“Contested witnesses; Justus Bundi and Faith Njeri will be the first to testify,” wrote the DPP.
He further indicated that his office was well prepared to ensure the former governor does not go scot-free.
"Prosecution led by Deputy Director Public Prosecutions, Nicholas Mutuku and Senior Assistant Director Public Prosecutions, Vincent Monda has supplied the court with all documents they'll be relying on. Waititu is charged with conflict of interest and abuse of office," added the statement.
The move by Haji came after Waititu suffered a setback when he lost in an application to block Njeri and Bundi who were key witnesses from testifying against him in the corruption case.
In the ruling, Senior Principal Magistrate Thomas Nzyoki stated that it was improper for the court to lockout evidence without a hearing.
Njeri served as the finance chief officer whereas Bundi served as the director of supply chain management in Kiambu County.
Waititu had earlier claimed that the two carried out key financial transactions that got him arrested and charged on graft.
The former governor also applied for them to be treated as accomplices rather than witnesses since Njeri approved payments to contractors, while Bundi coordinated the award of the tender and offered his professional opinion.
Through his legal team, led by lawyer John Swaka, the governor indicated that their testimony against him would be biased and skewed.
“The two played fundamental roles in the transactions touching on the substance of the case. They participated in the mischief that this court seeks to correct.
"They made decisions and approved that which has turned out to be an offence before this court,” remarked Sakwa.
The lawyer also argued that the duo’s testimonies were tailored to hold their former boss to the graft case while absolving themselves.
“If any illegality occurred, it was due to their acts. No offence was perpetrated by the applicant. Article 10 (b) and (c) calls on public officers to uphold good governance, integrity, transparency and accountability in the exercise of their functions. The question is whether there was real accountability for them to qualify to be witnesses in this case.
“All public servants ought to be accountable for any commission or omission that may lead to an offence. All persons are equal before the law and have a right to be protected by the law. The court should be fair, equitable and protect the rights of accused persons,” remarked Sakwa as quoted by Daily Nation.
However, the prosecution told the court that the evidence to be given by the two former county officials would be of high value and any ruling to bar them would interfere with the role of the DPP.
The DPP also accused the ousted governor of failing to give proof that he was bound to suffer prejudice by their testimonies.
