Former Kiambu Governor Ferdinand Waititu was charged on Monday with uttering offensive words against President William Ruto.
This legal action comes after a court ruling denied Waititu’s attempt to dismiss the charges.
During the mention, Milimani Chief Magistrate Lucas Onyina determined that the charges of offensive conduct brought by the Director of Public Prosecutions (DPP) were valid and in accordance with the law.
The magistrate stated that the charges met the requirements set forth in Sections 334 and 137 of the Criminal Procedure Code (CPC), emphasizing that dismissing them would constitute an improper use of judicial discretion.
“The charge before this court meets the requirements of the relevant sections of the Criminal Procedure Code; hence, rejecting it would be inappropriate,” Judge Onyina ruled. He rejected Waititu’s request for the charges to be quashed, confirming that the case would proceed.
Waititu’s legal team, comprising lawyers Martha Karua and Ndegwa Njiru, argued that the charges were defective and attempting to prosecute him under such terms would amount to an abuse of court processes and violate his fundamental rights. Despite these claims, the court upheld the DPP’s case.
The charges stem from remarks made by Waititu at a public rally in Ruiru Stadium on September 29, 2024, where he allegedly made derogatory statements about President Ruto’s policies.
The prosecution contends that these comments were not only offensive but were also intended to incite a breach of peace.
In light of the ongoing case, Magistrate Onyina ordered that Waititu continue to be released on his previous personal bond of Sh 50,000.
The next court appearance is scheduled for Wednesday, October 9, 2024, where it will be confirmed whether police have returned his mobile phone, which was reportedly confiscated during the investigation.
