US-based law scholar Prof Makau Mutua has lauded the High Court after it upheld a ruling that barred Kiambu Governor Ferdinand Waititu from office over a corruption case.
Mutua said Thursday's ruling must become the new normal for graft suspects and asked the Director of Public Prosecutions (DPP) Noordin Haji to argue his case well in court and ensure Waititu is jailed.
"The High Court has done its job and barred — suspended— Kiambu Governor Babayao from office. This must become the new normal for corruption suspects. Now DPP needs to prove Mr Waititu’s guilt, or the Governor walks (away scot-free)" the lawyer tweeted on Friday.
Waititu was locked out of office last week by Anti-Corruption Court magistrate Lawrence Mugambi pending determination of a Sh588 million graft case that he is facing alongside his wife Susan Wangari and other county officials.
However, he appealed for reduction of his bail terms; Sh15 million cash bail or Sh30 million bond, and asked the High Court to rule on whether a county boss facing graft charges can continue discharging his constitutional mandate.
Justice Ngenye Macharia on Thursday declined to review the bail terms, arguing they were commensurate and appropriate.
He said even though the governor is presumed innocent until proven guilty, he was "morally ill", and, therefore, should stay out of office and earn half his salary until the corruption case is finalised.
“In as much as they are innocent it will be a mockery to the Constitution if such people are allowed to continue with dealing with the county jobs,” Judge Ngenye ruled.