Impeached Kiambu Governor Ferdinand Waititu has started fighting a Sh588 million corruption case, arguing in court that the charges are founded on malice and are part of witch-hunt by the office of the Director of Public Prosecution.
Mr Waititu on Thursday presented his arguments before Senior Principal Magistrate Thomas Nzioki at the Milimani Law Courts, a day after his removal from office.
He said two witnesses in the case – former Finance Chief Officer Faith Njeri Harrison and former Director of Supply Chain Management Justus Bundi Kinoti – carried out the financial transactions that saw him get arrested and charged in court.
Through lawyer John Swaka, Mr Waititu sought to have statements by the two expunged from the records.
He also wants them treated as accomplices in the tender scam.
Mr Swaka said the two former employees held senior and influential positions in Mr Waititu’s government.
“The two played fundamental roles in the transactions touching on the substance of the case. They participated in the mischief that this court seeks to correct,” he said.
“They made decisions and approved that which has turned out to be an offence before this court.”
The lawyer further said that their testimonies were tailor-made to tie Mr Waititu to the graft case and set them free from any potential prosecution.
“All public servants ought to be accountable for any commission or omission that may lead to an offence. All persons are equal before the law and have a right to be protected by the law. The court should be fair, equitable and protect rights of accused persons,” he said, terming his client’s trial a case of “selective prosecution”.
The court further heard that it is discriminative for the DPP to charge Mr Waititu while “sugar-coating” the actions of other government servants who played integral roles in the alleged offence.
Mr Swaka said the ODPP has the constitutional obligation of accountability for its administrative acts or omissions that lead to any breach.
“Either the two witnesses [step into the] dock and answer charges on breach of administrative acts like the governor, or wholly have their statements expunged from being relied on in the proceedings,” he said.
“Mr Waititu has a right to a fair trial as enshrined in Article 50 of the Constitution.”
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