Former Kiambu Governor Ferdinand Waititu has been released on Ksh 50,000 free bond after his lawyers informed court that he was arraigned in court over defective charges.
According to his lead Lawyer, Hon. Martha Karua, the fact that Waititu referred to an unknown people as a ‘Dog’ is neither here nor there because referring to someone as dog is a metaphor.
“The charge discloses no offence. Likening anyone to a dog is a metaphor and is not an offence. We urge this court to dismiss this charge under section 89(5) of the CPC as disclosing no offence. The charge sheet is full of innuendo.” Hon. Martha Karua told the court.
According to the intended charge sheet, Waititu is to be charged with offensive conduct contrary to section 94 (1) of the Penal Code.
Hon. Martha Karua in quoting the intended charges said that the charge sheet defies logic and it is defective in its entirety as it does not disclose any offence.
“If you allow me to do the unusual so that the court may understand the dilemma the defence is in, to read the charge sheet ‘the particulars, on the 29th day of September, 2024 at around 1600 Hours in Kiambu County within the republic of Kenya, in a public place used abusive words to wit ‘I said even if we were cheated,I swear to God again I swear to God truly speaking, truly to God,dogs are many…we worked and worked and worked for someone, I swear to God hustlers were cheated mama mboga were cheated, bodaboda were cheated, clergy, Bishops, pastors were all cheated, all teachers were cheated.
“Our only person who was remaining in the government talking bravely without holding the tail Gachagua, I swear to God if they will take him home…the other of Gachagua the following morning led by Kalonzo Stephen they will debate a motion to take Ruto home… there will be no time Gachagua will go home alone’…” Quoted Hon. Martha Karua saying the said words do not disclose any offence.
The Court released Waititu on ground that the ruling on whether he will take plea or not will be on Friday 4th October 2024.