Former Kiambu County governor Ferdinand Ndung’u Waititu has been charged at Milimani court with offensive conduct contrary to the law.
Waititu appeared before the Milimani Chief Magistrate Lucas Onyina where he denied the allegations of using offensive words on September 29, 2024, at Ruiru Stadium.
He was arrested on Sunday last week and arraigned before the court on Monday where his lawyers argued that the charge sheet was defective and the charges could not be read as they were.
Led by Martha Karua and Ndegwa Njiru they argued that the particulars of the charge were not correct since the complainant in the matter was not mentioned.
Karua told the court that the alleged charges indicated on the charge sheet were full of innuendos without indicating the offence and who the complainant was.
She added that the words that were used by the suspect were personal views and were not directed to anyone since he expressed his views on the issues affecting the people of Kenya.
Ndegwa added that one cannot be charged with an offence which is not disclosed since it’s against the constitution for fair trial.
The defence prayed the court to dismiss the charges and release the accused without charges.
Waititu is being accused of uttering abusive words while in a public rally at Ruiru stadium to wit,
“I said I said, even if we were cheated, I swear to God again, I swear to God, truly speaking, truly to God dogs are many than we think, we worked and worked for someone, I swear to God, … hustlers were cheated, mama mboga was cheated, bodabodas were cheated…..Our only person person remaining in the government talking bravely without folding the tail, Gachagua. I swear to God if they take him home, hahaha that person to burn in the stomach while dozing….It is the truth that if they drive him home we said one thing, if they debate that motion in Parliament…they will see the other side of Gachagua the following morning led by Kalonzo’s team to table a motion to take Ruto home, are we together….”
In his ruling, the magistrate directed the charges to be read to the accused since the charge is indicated and the particulars of the same,
“The charge sheet indicated the charge of offensive conduct contrary to section 94 (1) of the penal code. The description of the charge is well described indicating the offensive words used hence the prayer to discharge the charges is declined,” the magistrate ruled.
He denied the charges and he was released on a personal bond of Sh 50,000.
The defence lawyer submitted before the court praying that the accused’s phone be released to him.
The court lifted an order directing the DCI to release his mobile phone.
The matter will be mentioned on Wednesday 9, 2024 for pre-trial and confirmation of compliance with the orders.
