NCIC may withdraw incitement charges against former Embakasi MP Fedinard Waititu

Former Embakasi MP, Ferdinand Waititu (Photo:Standard/File)

BY FRED MAKANA

Nairobi, Kenya: National Cohesion and Integration Commission is seeking to withdraw incitement charges against former Embakasi MP Fedinard Waititu.

The trial of the former MP was set to commence on Tuesday but the lawyer representing the commission Mr Moikamba informed senior principal magistrate Lucy Mbugua that the two parties have entered an out of court settlement. Moikamba said already the parties in the case have written to Director of Public Prosecutions Keriako Tobiko but are yet to receive any response from the DPP. “The parties have negotiated to have the matter handled out of court and we are waiting for a final word from the DPP as to whether the matter will proceed to trial or not,” said Moikamba.

However Senior Assistant DPP Moses Omirera informed court that the prosecution was ready to proceed with trial of the former Embakasi MP as the DPP’s office was informed about the agreement yesterday. “To the best of my knowledge the said letter was delivered to the DPP’s office this morning yet on our part we were prepared for the trail,” Omirera said.

He said the prosecution was ready with its first witness but the DVD that they sought to rely on as evidence was not ready after it failed to work as expected. “We wanted to proceed to trial as we already have the first witness but it appears we shall not proceed.

The Assistant DPP asked the magistrate to set a tentative hearing date awaiting communication from the DPP’s office. The magistrate directed the case to heard on May 26.

In the past the prosecution has not opposed Mr Waititu efforts for an out of court settlement during previous mentions of the case. Mr Waititu was accused that on September 24 last year he allegedly uttered words that were calculated to bring violence to members of the Maasai community living and working in Kayole. The former MP also allegedly, while addressing members of the public, uttered words that were calculated to stir ethnic hatred. He however denied the charges and offered an apology over his remarks.

Mr Waittitu suffered a setback when the High Court on January 16 stopped him from assuming office as chair of the Athi Water Services Board on integrity grounds. This is after businessman Benson Riitho moved to court and questioned Waititu's integrity. Justice Mumbi Ngugi nullified the appointment by Water and Environment Cabinet Secretary Judy Wakhungu saying it was irregular as it was done without considering his integrity. The court ruled that Wakhungu did not regard national principles of governance that are binding to all State officers in making the appointment. The judgment, however, did not point out the specific integrity questions that led to the nullification of Waititu’s appointment.