Director of Public Prosecution(DPP) Noordin Haji has filed a fresh application at Nairobi High Court seeking to stay proceedings that granted Kiambu Governor Ferdinand Waititu Sh500,000 anticipatory bail.
In his urgent application, Haji through Senior State Counsel Alexander Muteti wants the proceedings scheduled for delivery of a ruling to extend the alleged illegal and irregular orders tomorrow at 9:00 am stayed before the Kiambu chief Magistrate court delivers it’s ruling.
Prosecution informed the court that it is necessary that this it considers issuing ex parts interim orders of stay to arrest the ruling in order to allow the parties canvass this application inter parties.
“There be a stay of the proceedings in the Kiambu Miscellaneous criminal application No. 222 of 2019 pending hearing and determination of this application”, urged the DPP.
Haji also wants orders to transfer the miscellaneous application from Kiambu Law Court to the Nairobi Anti-Corruption Chief Magistrate Court division or any other other court of competent jurisdiction.
Further the DPP urged the court to call for the records of the Kiambu court so as to satisfy itself as to the correctness , propriety and legality of the proceedings.
Prosecution argue that the the suspended Kiambu magistrate Bryan Khaemba lacked jurisdiction to admit Kiambu Governor Ferdinand Waititu and his daughter Faith Njeri Harrison anticipatory bail as the court is not established as an Anti-Corruption Court.
” The Kiambu Chief Magistrate’s Court miscellaneous application No. 222 of 2019 previously before Principal Magistrate Bryan Khaemba and now before Chief Magistrate Patricia Gichohi is founded on investigations related to Anti-Corruption and Economic Crimes and should therefore be heard and determined by a special Magistrate in the Anti-Corruption and Economic Crimes Division “, says Muteti.
Muteti further adds that both Khaemba and Gichohi currently in the conduct of the matter are clothed with requisite jurisdiction to handle Anti-Corruption matters and neither should further handle the said miscellaneous application.
He says both Magistrate and Kiambu Court lacks jurisdiction to entertain or hear the said application for redress for the alleged threat to human rights and fundamental freedoms outside Article 25 (a) and (b) of the constitution.
“The Kiambu Chief Magistrate miscellaneous application No. 222 of 2019 being an application for anticipatory bail became moot upon the arrest of Waititu and the daughter and no further proceedings should have been entertain”, Muteti adds.
Muteti told the court that if Khaemba orders are allowed to stand or the proceedings before Magistrate Gichohi are allowed to proceed, the court would be entertaining an illegally a matter that the court should frown upon in limine.
On May 23,219 Waititu and the daughter filed an application before Kiambu Law courts seeking to be admitted to anticipatory bail or bond pending hearing and determination of their application.
Suspended Magistrate Khaemba admitted the two to anticipatory bail of Sh 500,000 each.
The two are being investigated by Ethics and Anti-Corruption Commission over alleged embezzlement of public funds amounting to over Sh 500million, irregular award of tenders alleged corrupt conduct or economic crimes and Money laundering.
Waititu said he had reliable information that EACC and DCI jointly intend to arrest them in connection with unsubstantiated reasons including alleged embezzlement of public and irregular award if the tender.