Today the court ruled in Waititu’s appeal to have the ruling to have him kept out of office until his case is resolved as unconstitutional.
He was shocked by the result.
Here is the ruling.
After he left Nairobi Area Remand Prison (INDA), my former home, Waititu was granted bail of 15 million cash and 30 million bond. The court also ordered him to keep out of the governor’s office until after the matter is resolved.
This is Waititu’s experience at INDA: (Kenya’s most frightening Remand Prison)
Predictably, Waititu took the original court ruling barring from office in its most basic interpretation. I mean he understood it literally.
Here is Waititu’d lame understanding of the original court ruling against him:
Waititu went to the villages to inspect “projects”.
His talk all along was that he was barred from walking to his office but he was still the governor and he can do that by just roaming around in the villages and drinking dens I suppose.
The sad fellow never understood that being told that as the governor of Kiambu after the charges of corruption and theft of public money you are not go back to your office in court means you are no longer governor until the matter is resolved. Basically you are temporarily fired.
He thought the ruling only meant he cannot physically go to his office and sleep there like he probably did before, but that he was no longer governor.
So Waititu foolishly goes to court to demand that he has to go back to his office and work from there and the previous court ruling was bad. Never mind he has some pretty good lawyers like Tom Ojienda and Havi.
Then the court breaks it down to him. Must have been painful for him.
The appeal court ruling is that not only is Waititu not allowed to physically step into his office unless he is going to pick his property and get lost, he is actually by that ruling been declared unfit to hold the office of the governor of Kiambu county and has nothing to do with that office until the corruption case against him is resolved.
That is harsh but it is the ruling arising from a previous ruling by Justice Mumbi on a similar matter.
Now why do I say this is complicated?
Justice Mumbi used the feared Chapter Six of our constitution which asserts that any leader or aspiring leader who has impending cases of corruption and other criminal activities cannot be allowed to take or stay in office.
I know many Kenyans would say if that is the case then we could as well empty all public institutions off the criminal elements working there and there would be no State House, No Parliament, No senate and god forbid no judiciary including the Supreme Court. But that is a discussion for another day.
For now this Waititu ruling is a nightmare for every governor or anybody holding a public office in the country. This could go very far. All the way to the top and bottom.
So expect this to go all the way to the Supreme Court. It is a big deal for our country.
Rulers in our country hate Chapter Six of our constitution. They managed to strangle it just after the constitution was passed and we had elections in 2013. Now it is rearing its fearsome head again. Be ready for the ride and for real battles. Yes we are ready for it. Indeed.