DPP Haji: Waititu Graft Case Still On

The five co-accused persons favoured by the High Court orders were among the 13 people charged with the Ksh 588 Million graft.

The Office of the Directorate of Public Prosecutions (ODPP) has vehemently corrected misleading news circulating on social media indicating that the High Court has discharged the Kiambu Governor Ferdinand Waititu.

In a statement by the ODPP, the prosecution said that contrary to the media reports, the High Court has not dropped anti-corruption charges against Ferdinand Waititu.

However, they said that the Court only granted orders of prohibition in respect of five of his co-accused persons who according to the investigation report were members of the tender evaluation committee.

The five co-accused persons favoured by the High Court orders were among the 13 people charged with the Ksh 588 Million graft.

The five on February 21, 2022 filed a petition in the Anti-corruption and Economic crimes division of the High Court challenging the decision by the ODPP to charge them before the Magistrate’s Court.

They sought a declaration that the prosecution of the case which is active before the Magistrate’s Court is unconstitutional and amounts to an abuse of the legal process.

They further sought orders prohibiting the ODPP from prosecuting them.
The High Court today ruled in favor of their petition hence curtailing the ODPP’s power to hold them accountable to the graft.

The ODPP has however come out publicly to express their dissatisfaction with the decision of the High Court and has so far initiated an appeal in the Court of Appeal against the High Court ruling.

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That notwithstanding, the ODPP said they are prepared to proceed with the case against the other accused persons including Ferdinand Waititu.