Waititu freed after a night in custody

Embattled former Kiambu Governor Ferdinand Waititu is now a free man after spending a night in custody at the Directorate of Criminal Investigations (DCI) headquarters.

Mr Waititu, whose Monday arrest and detention was castigated by opposition Azimio la Umoja One Kenya Coalition, was freed on a Sh50, 000 bond by Milimani Law Courts Chief Magistrate Lucas Onyina.

Mr Waititu is accused of using derogatory language against President William Ruto during a rally in Kiambu County on September 29.

Mr Waititu is further accused of claiming that if the motion to impeach Deputy President Rigathi Gachagua is debated and passed in Parliament, another seeking the removal of President Ruto will also be introduced by Azimio Leader Kalonzo Musyoka.

Chief Magistrate Onyina declined to impose stringent bail terms as urged by a prosecuting counsel Duncan Ondimu on grounds that he allegedly committed the offence while out on bond in a corruption case, which he has been placed on his defence.

In the graft case involving over Sh500 million, Waititu is charged alongside his wife and a contractor.

Admitting Waititu on bond of Sh50, 000 Chief magistrate Onyina said there is no evidence placed before him showing that the former Nairobi deputy mayor and Embakasi Member of Parliament had skipped bond.

“There is no evidence that Waititu skipped court in the graft case. He has complied with the bond terms in that corruption case,” Chief Magistrate Onyina ruled.

He added that the offence filed against Waititu is a misdemeanor, then ordered him to deposit a bond of Sh50, 000.

The magistrate freed the politician following an application by defence lawyers that he should be called upon to respond to the charge as it is defective.

Defence lawyers teaming up with Azimio luminaries Martha Karua and Eugene Wamalwa, and lawyers Njiru Ndegwa and former Law Society of Kenya (LSK) President Eric Theuri submitted that there is no linkage between the law allegedly breached by Waititu and the body of the charge sheet.

“There is no proper charge before this court. The facts of the case talk of a different scenario such while the charge is that of offensive conduct,” said the defence lawyers.

Ms Karua stated that there is no valid charge before the court since “Waititu was just lamenting at a rally in Kiambu County on September 29, 2024”.

She urged the court to make a finding that lamentations are personal opinions that cannot be misconstrued.

Waititu lamented 

Reading out to the magistrate the entire charge sheet, Ms Karua concluded, “all Waititu did was to lament that leaders who worked and worked were cheated, bishops, clergy, mama mboga, hustlers and boda boda were also cheated”.

Ms Karua submitted if the accused lamented about the high cost of living that is a personal opinion that should not be criminalised.

She further submitted that a statement that all MPs who will support the removal of DP Gachagua will suffer the same fate of being sent home is a mere opinion which cannot stand in the face of law.

“I urge this court to find the charge is defective then proceed to quash the same,” prayed Karua.

She urged the magistrate to free Waititu on bond pending determination on legality and validity of the charge.

A prosecuting Counsel Duncan Ondimu defended the charge sheet saying it discloses an offence.

Mr Ondimu urged the court to admit the charge then call upon Waititu to plead to it.

Mr Ondimu said when Waititu was arrested, he was seen by lawyer Njiru Ndegwa and two others.

Chief magistrate Onyina reserved his ruling for October 4, 2024.

Mr Waititu was arrested on Monday and detained at DCI headquarters.

Efforts by Azimio leader Kalonzo Musyoka , Jubilee Secretay General Jeremiah Kioni,  Democratic Action Party of Kenya (DAP-Kenya) leader Eugene to see Waititu were thwarted.

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