Waititu acts to save ministerial position

WEDNESDAY, 11 APRIL 2012 23:52 BY SUSAN MUHINDI

Water assistant minister Ferdinand Waititu has now moved to the High court in a bid to save his position following criminal charges that are pending against him in a magistrate’s court. The constitution in article 75 2 (b) states that at state or public officer who contravenes the provision on leadership and integrity should be subjected to disciplinary procedures, including removal from office. Through lawyer Evans Ondieki, Waititu claims he was physically arrested when he tried to address his constituents at KPA slums in November 2010.

He argues that his work as an elected MP has been paralysed as he cannot represent effectively, move freely, demonstrate, articulate policies, strategies and ideas that affect his constituents. Waititu was charged in court last week over allegation of incitement to violence but was released on a Sh100,000 cash bail. He claims it is unfair unjust and unreasonable to obstruct him from executing the mandate of his office. “I have never been armed, never used any force but I have remained peaceful. The demolitions in Embakasi are illegal as the requisite notice has never been issued to the residents,” he says.

He adds that the police have treated him in a very inhuman manner and have subjected him to extreme police brutality. “I have been fighting corruption and impunity by the police but they have humiliated and harassed me,” he says. Waititu now wants the court to issue a conservatory order restraining the criminal proceedings at the lower court from proceeding until his application is heard inter-parties.

He also seeks to have the court to issue a conservatory o0rder restraining the DPP and commissioner of police from proceeding with the criminal case pending hearing and determination of the petition. He adds that his right to assembly, demonstration, picketing under article 37 of the constitution has been infringed. It is alleged that on December 13, 2010 at KPA slums in Embakasi he said “protest to the eviction and throw stones to police” leading to disobedience of the law and obstruction of police in the performance of their duty. Waititu was arrested in Umoja area, after inciting a demolition exercise. The police were overseeing demolitions in Benrose Estate when Waititu arrived in the company of a crowd and tried to stop them prompting a confrontation.