Kiambu Governor Ferdinand Waititu has moved to court under a certificate of urgency seeking to have the ban initiated to bar him from accessing his office lifted.
Waititu in the filed petition states that he is the acting Kiambu Governor that was duly elected by the people, and wants to restrain his deputy and James Nyoro from discharging the duties of the governor.
Through his lawyer Prof Tom Ojienda, embattled Waititu wants access to his office as he argues that there are laid down procedures by the constitution to be followed before he is removed from office.
The Kiambu governor is battling various charges on graft and public funds embezzlement, and was released on bail after being arrested, arraigned and charged for the embezzlement of Sh588 million alongside his spouse and other CECs.
The bail terms indicated that he was to have no access to his office as according to Anti-Corruption Court judge Lawrance Mugambi, the barring would ensure integrity of the trial is upheld together with that of the public interest.
“It is necessary to guard the risk of interfering with the witnesses in the case by imposing conditions…restricting him is necessary and to ensure public interest is safeguarded,” ruled the magistrate.
His deputy James Nyoro therefore resumed and in the process has made a few changes and even managed to delegate new duties.
According to the submission, Waititu quotes that the deputy governor is going beyond his mandate by taking over the governor’s roles by re-assigning duties to the County Executive Committee (CECs), a role only accorded to the Governor according to the constitution.
Waititu also claims that denying him access to his office has stalled the appointment and nomination of the members of Kiambu Public Service Board whose terms had ended and needed to be succeeded.
“By granting bail term that stopped him from attending his office, the court violated provisions of the 2010 Constitution,” said Waititu lawyer Tom Ojienda.
Waititu woes have since extended and he has been apparently secluded by his colleagues and even the President and DP William Ruto who were once seen to be close allies.
In recent days, he has been humiliated by being denied access to President Uhuru Kenyatta and was allegedly forced to leave the VIP podium during Mashujaa day celebrations at Mama Ngina Waterfront Park due to the corruption case he is battling.
The application has since been directed to be placed before the appellate court’s president for further direction by Rose Nambuye, Court of Appeal judge.