Former Kiambu governor Ferdinand Waititu has lost his bid to block a case in which he is accused of using derogatory and insulting words against President William Ruto.
Waititu, who was dealt a blow after Milimani Chief Magistrate Lucas Onyina ordered his prosecution, denied the charge of offensive conduct brought against him by Director of Public Prosecutions (DPP) Renson Igonga.
The Chief Magistrate ruled that the charges were proper in law.
He found that the charges complied with the relevant sections of the Criminal Procedure Code (CPC) and that it would be an abuse of judicial discretion to dismiss them.
“The charge before this court meets the requirements of Section 334 and 137 of the criminal procedure code, hence ordering its rejection under section 89 of the CPC as sought would be an improper exercise of judicial discretion,” the magistrate stated.
“For these reasons, his (Waititu’s) request for its rejection is declined. In the circumstances, the charge be read to him.”
Waititu, through lawyers Martha Karua, Levi Munyeri and Ndegwa Njiru, had sought to quash the charge on the grounds that it was defective.
The lawyers argued that to try him on such a defective charge would amount to an abuse of court process and a violation of his fundamental rights.
Waititu denied the charge of offensive conduct in which he is alleged to have uttered derogative and demeaning statements against President Ruto at a public rally at Ruiru Stadium on September 29, 2024.
Waititu is alleged to have uttered offensive words with intent to cause a breach of peace.
The magistrate ordered Waititu to remain on his previous personal bond of Sh50,000.
The case will be mentioned on Wednesday October 9, 2024 to confirm whether the police have returned his mobile phone.
