Blow for Governor Waititu as Appeals Court Rejects His Request to Resume Work

A three judge bench sitting in Nairobi has rejected Kiambu Governor Ferdinand Waititu’s request seeking to be allowed back into office. Waititu has been barred from transacting any business as Governor of Kiambu county until he is cleared of corruption charges he is currently facing.

In August, through lawyer Tom Ojienda, Waititu argued that the High Court erred by finding that he should be out of office until a graft case filed against him is determined. Mr Ojienda said orders requiring Waititu not to step foot in the county’s offices amount to removal from office. He further asserted that the charges his client is facing are not among the reasons cited for removal of a governor from office.

In July, Justice Ngenye Macharia ruled that elected leaders facing graft-related charges should not continue to hold office.

“The learned judge gravely misdirected herself in law and fact in conflating and misinterpreting the meaning of office, suspension, removal and vacancy. She also erred in law and fact in failing to appreciate the significance of the constitutionally protected twin principles of our democratic process, namely separation of powers and due process, which are embedded in the removal process of a governor,” Waititu’s appeal papers read in part.

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