Africa-Press – Kenya. Former Kiambu governor Ferdinand Waititu’s graft case was adjourned on Friday following the acquittal of five accused charged by the High Court two week ago.
The prosecution told the court that even though they were ready to proceed with the hearing as scheduled on Friday, they had received an order by the High Court stopping prosecution of the five.
“Yesterday we were served with an order by Owuor from the High Court relating to a case filed by the 6th to 10th accused persons in this matter,” the court heard.
The prosecution further said the effect of the order is it prohibited the court, the DPP and EACC from proceeding with hearing of the matter against the five accused.
The five who were members of the evaluation committee include Zachariah Njenga, Joyce Ngina, Simon Kabocho, Anselm Gachukia and Samuel Muigai.
The state sought for an adjournment from proceeding with the matter so that they get directions from the DPP on how to proceed with the matter in line with the order that had been served on them.
“We will be seeking for a mention in three weeks so that we can come and tell court how will proceed with the matter,” the prosecution said.
The five accused through their lawyer told court that they moved to court in February this year challenging their prosecution arguing that their case was an abuse of the court process.
The defense further asked the court to order for the release of their passport and bail that had been deposited in court.
They also asked the court to order that the order barring them from going to the county offices be lifted so that they can go follow up on their unpaid dues since they have been on half pay since they were charged in 2019.
In his ruling, Senior Principal Magistrate Thomas Nzioki allowed the adjournment and discharged the five from the case as ordered by the High Court.
Nzioki said from the High Court ruling, his court was prohibited from sustaining proceedings on this matter against the five accused.
He said the court was now seized on the judgement and decree and in law the decision is binding to his court.
“In view of this development, I order the five are hereby discharged, the cash bail deposited in court and bond terms shall be refunded to the depositors,” he ruled.
On the issue of access to the county offices by the five, Nzioki said he could not rule on that and advised the lawyers to handle the issues at the county.
He further added that once the accused are discharged then any orders against them does not apply so they should just walk there and in case of any issue they can seek court directions then.
The five had been charged with one count of willful failure to comply with procurement laws.
The court directed Waititu and the four remaining accused persons to appear in court on November 7 for further directions from the DPP.
The case relates to alleged irregular issuance of tenders amounting to Sh588,198,328 for contraction of bituminous roads in Thika, Limuru, Gatundu North, Juja and Ruiru sub-counties during the 2017/18 financial year.
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