"KSh588M graft case against Waititu still on" - DPP clarifies

Former Kiambu Governor Ferdinand Waititu is not out of the woods yet in a case he is accused of embezzling KSh588 million public funds.

The Office of the Director Of Public Prosecutions (ODPP) has dismissed media reports that the case - in which Waititu is charged with 12 others including his wife Susan - had been struck out due to insufficient evidence.

The ODPP says that contrary to the media reports, the High Court had not dropped the case.

"Contrary to media reports, the High Court has not dropped anti-corruption charges against Ferdinand Waititu but has only granted orders of prohibition in respect of 5 of his co-accused persons who are members of the tender evaluation committee," the ODPP clarifies.

The DPP says that the five accused persons had on February 21, 2022 filed a petition challenging their prosecution before the Anti-Corruption and Economic Crimes Division of the High Court.

The five, who are members of the tender evaluation committee, sought a declaration that the legal process followed by their prosecution as unconstitutional amounting to abuse of the legal process.

Case against Waititu, 7 others still on

The High Court granted their prayers forcing the Chief Magistrate Court to halt proceedings for the five.

The proceedings against the remaining eight, including ex-governor Waititu are, however, ongoing. The DPP has lined up 27 witnesses to testify against them.

The DPP has also appealed against the prohibition orders against the five granted by the High Court. 

"The office of the Director of Public Prosecutions being dissatisfied with the decision of the High Court has initiated an appeal in the Court of Appeal against the whole of the decision and intends to proceed with the case against the other accused persons including Ferdinard Waititu."