The Office of the Director of the Public Prosecution (ODPP) has maintained that it is still pursuing a graft case against former Kiambu Governor Ferdinand Waititu.
In a statement dated October 6, ODPP stated that contrary to reports that the Ksh588 million graft case had been dropped, it would appeal the decision of the High Court prohibiting the prosecution of five accused persons in the case.
ODPP stated that it had already made plans to appeal the decision as they were displeased with it.
"Contrary to media reports, the High Court has not dropped anti-corruption charges against Ferdinand Waititu but has only granted orders of prohibition in respect of five (5) of his co-accused persons who are members of the tender evaluation committee.
"The Office of The Director of Public Prosecutions (ODPP) being dissatisfied with the decision of the High Court has initiated an appeal in the Court of Appeal against the whole of the decision and intends to proceed with the case against the other accused persons including Ferdinand Waititu which is still pending before the Chief Magistrates court at Milimani Anti-corruption Division," read the statement in part.
ODPP's clarification comes hours after it was reported that the case against the former county boss had been dropped.
Haji's office clarified that the decision to the prohibition by the High Court delivered today, was issued after some of the accused members in the case moved to court to challenge the constitutionality of the case lodged before a Magistrate court.
"On the 21st of February, 2022 five (5) of the accused persons in the anti-corruption case who were members of the tender evaluation committee filed a petition in the Anti Corruption and Economic Crimes Division of the High Court challenging the institution of the anti-corruption case before the Magistrate's court.
"The petitioners sought a declaration that the prosecution of the case which is ongoing before the Chief Magistrate's Court in the Anti-Corruption Division is unconstitutional and amounts to an abuse of the legal process," Haji's office stated.
Waititu and his five others are accused of allegedly benefiting from tenders amounting to Ksh 588,198,328.
In particular, investigators from the Ethics and Anti-Corruption Commission (EACC) detail that the over Ksh588 tender was awarded to a company where the governor's proxies sit.
Notably, Waititu has maintained his innocence throughout the investigations.
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