Former Kiambu County governor Ferdinand Ndung’u Waititu Discharged Without Plea in Offensive Remarks Charges

Former Kiambu County governor Ferdinand Ndung’u Waititu has been arraigned at Milimani Law Court and discharged with a personal bond of Sh 50,000 without taking plea to the charges.

The defence team led by Martha Karua and Ndegwa Njiru presented before the Milimani Chief Magistrate Lucas Onyina that the charges before the court were not acknowledged by the law.

Karua told the court that the alleged charges indicated on the charge sheet were full of innuendos without indicating the offence and who the complainant was,

“Your honour the charges presented before this court are full of innuendos and does not even indicate the offence itself and who is the complainant,” Karua told the court.

Karua added that the words that were used by the suspect were personal views and were not directed to anyone since he expressed her views on the issues affecting the people of Kenya.

The senior counsel insisted that no preferable charges can be drawn against personal views and lamentation of the situations that affect the citizens of Kenya.

His counterpart Ndegwa Njiru submitted that what was before the court was the trial against the freedom of speech and expression and urged the court not to entertain such misconduct by the state to misuse the court of law.

Ndegwa added that one cannot be charged with an offence which is not disclosed since it’s against the constitution for fair trial,

“Your honour the subject cannot be charged with an offence which is not known by the law. There is no specific charge whilst particulars of the same are vague,” Ndegwa submitted.

He urged the magistrate to dismiss the charges citing that they were based on mere opinions and had nothing to respond to.

He further prayed for him to be released on free bond.

In response, the prosecution led by Dancun Ondimu said that the charge sheet had met the threshold of the constitution and prayed the court to continue and read the charges against Waititu.

Ondimu also urged the court to take into consideration that Waititu has another pending Anti-corruption case whereby he is out on bond and asked the magistrate if he could release him on the bond to consider stringent terms,

“Your honour we are not directly opposing the suspect being released on bond but we urge this court to give stringent terms considering the suspect has has another matter pending in court where he is out on bond,” he prayed.

According to the charges, Waititu is accused of offensive conduct contrary to section 92 (1) of the Penal Code.

He is accused of uttering abusive words on September 29, 2024, at Ruiru stadium to wit,

“I said I said, even if we were cheated, I swear to God again, I swear to God, truly speaking, truly to God dogs are many than we think, we worked and worked for someone, I swear to God, … hustlers were cheated, mama mboga was cheated, bodabodas were cheated…..Our only person person remaining in the government talking bravely without folding the tail, Gachagua. I swear to God if they take him home, hahaha that person to burn in the stomach while dozing….It is the truth that if they drive him home we said one thing, if they debate that motion in Parliament…they will see the other side of Gachagua the following morning led by Kalonzo’s team to table a motion to take Ruto home, are we together….”

In his ruling, the magistrate noted that Waititu has another ongoing case where he is out on bond but he has never failed to appear for trials.

He indicated that having another matter before the court does not mean he is denied the right to liberty quoting Article 49 of the Constitution,

“Noting that the suspect has another pending matter in court does not qualify him be denied bail. It is his constitutional right which can be denied with compelling reasons,” the magistrate said.

He released him on a personal bond of Sh 50,000 without a surety.

The matter will be mentioned on Friday for the ruling of the submissions and further directions.