Haji Explains Why Ferdinand Waititu's Ksh588M Graft Case Is Still On

The office of the Director of the Public Prosecution (ODPP) has said that it is still pursuing anti-corruption charges against former Kiambu Governor, Ferdinand Waititu.

It stated on Thursday, October 6 that contrary to reports that the Ksh588 million graft case had been dropped, it will appeal the High Court's decision which prohibited the prosecution of five of the persons accused in the case.

The ODPP, led by Noordin Haji, added that it would appeal the decision as they were not happy with it.

Director of Public Prosecutions, Noordin Haji. /STANDARD DIGITAL

"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 five (5) of his co-accused persons who are members of the tender evaluation committee.

"The Office of The Director of Public Prosecutions (ODPP) 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 Ferdinand Waititu which is still pending before the Chief Magistrates court at Milimani Anti-corruption Division," read the statement in part.

The office added that the decision leading to the prohibition by the High Court was issued after some of the accused individuals in the case moved to court to challenge its constitutionality filed before a Magistrate's court.

"On the 21st of February, 2022 five (5) of the accused persons in the anti-corruption case who were members of the tender evaluation committee filed a petition in the Anti Corruption and Economic Crimes Division of the High Court challenging the institution of the anti-corruption case before the Magistrate's court.

"The petitioners sought a declaration that the prosecution of the case which is ongoing before the Chief Magistrate's Court in the Anti-Corruption Division is unconstitutional and amounts to an abuse of the legal process," the office added.

Earlier, it was reported that the Ksh588 million graft suit against the former county boss was dropped, a case Waititu has maintained his innocence throughout the course of the investigations.

He, alongside five others, is accused of allegedly profiting from Ksh588,198,328 worth of tenders.

His case was dropped after the prosecution failed to prove beyond reasonable doubt that Waititu misused public funds through proxies and kickbacks.

Former Kiambu governor, Ferdinand Waititu. /CITIZEN DIGITAL