Governor Ferdinand Waititu impeached by the Senate!

Today on the 29th January 2019, the Senate did impeached the Kiambu County Governor Ferdinand Waititu for abuse of office. On the 27th May 2019, the Ethics and Anti-Corruption Commission (EACC) released their press relase, where they officially started investigations into irregular tenders of the value of Ksh. 588 millions, which they had started on 23rd May 2019.

In early May, the Governor had to answer his budget for the Senate Public Accounts Committee, where they were questioning a Ksh. 1 billion, which was allocated to State House functions and even South Sudanese Peace Programme. Those programs are for the State not the County to look-over. His defence back-then was that his financial department had used a template used by state, while the Auditor General confirmed that he had gotten financial reporting containing these expenditures submitted to him.

On the 26th July 2019, the Office of the Department of Public Prosecution (ODPP), which even mentioned the fantastic company getting the favourable tenders from Kiambu County. That company was named M/s Testimony Enterprises Limited. Where there was irregular payments to the company and also using these funds to buy an hotel together with his wife. That hotel was Bienvenue Delta Hotel, which was bought with these funds.

On the 27th July 2019 the EACC released their second press release that they were looking for the governor and his associates. As they had initiated for their arrest on the 13th July 2019. Therefore, the case that was held and voted on in the Senate. Had already been investigated by the authorities.

Now, today the Senate has validate this and the shady practices made by the Governor. His actions has cost him. His mismanagement and misusing of the County Government funds. Trying to forge an audit and records to look clean, when he really did use an associates business and tenders to enrich himself. That is the reality of all of this.

Governor Waititu might not be the only doing this, he was one taken down today. We know that Governor Sonko and Kidero is answering for crimes committed too. Who knows if they will get the same sort of action by the Senate. That in regard to Sonko, as he might be next up in line.

We now have seen action by Senate to act upon on Governor and impeach him. That is serious and also question, if they will do to others or only picked this man. To show some flex and ability to work for the common good. Then they should also look into others and their questionable use of state funds. Because, in Kenya, Waititu is not the only man doing this.

Time will tell, but this is a big leap. A Governor been taken down by the Senate. Who can wonder is coming up next. Peace.

The Untouchable Ojienda!

There are sometimes and somewhere, someone who has such connections and place in society, that they are untouchable. Professor Tom Ojienda is the Chairperson of the Judicial Service Commission of Kenya, he is also the former Chair of the Law Society of Kenya.

Tom is a Special Counsel, so the man has a unique place in the Republic. That has been evident over the last few days. Just within short time, the Department of Criminal Investigations (DCI) and Department of Public Prosecution (DPP) had to both fold an alleged fraud case against the man. This being illegal obtaining of funds from Mumias Sugar Company. Clearly, he has such a position, that the Courts are barring his case. This because he sits on top of the JSC.

We are seeing a game, where the elites, the ones on top of the food-chain can possibly eat and live lavish on other people’s dime. Misuse their position and still get away with it. Even as the DPP have found evidence of corrupt activity, the Courts are dismissing the case. That shows how bad the society is.

This isn’t just about Tom, this is about the failing judiciary and the failing rule of law. When someone is above the system and cannot be touched. Because, the Case against him could be barred in the High Court. Which is really unique, in the circumstances and what we have seen. We are clearly seeing that Tom is something else. Since, he is now out and about, even with the questionable cash obtained through Mumias.

That shows how his prestige and position, means that he can differs from the law, which he presides as a Special Counsel and part of the JSC. Therefore, as part of the clientele on top, he cannot really be touched.

If Tom had been an ordinary crook, he would have suffered behind bars and awaiting sentencing. However, Tom is high-ranking official and a lawyer. Therefore, the system has to be careful, as he can unveil or even reveal matters to the courts. That is why the case is stalled, that is why he isn’t touched.

This story isn’t cool, but more a friendly reminder, that some people have suction and doesn’t need to worry. Tom Ojienda is one of them.

The Republic see it and even if Tom thinks his off the hook. As long as he gets away with it. People will see him as a crook. Until it is really proven, that he never took. Peace.

Just read this nonsense of Charge Sheet. It says it all!

Uganda: Clarification from the Office of the DPP on the Kanyamunya Case (01.11.2018)

Press Release: Major Suspected Ivory Kingpin Released in Kenya (21.08.2015)

Interpol

Nairobi, Kenya, Friday, August 21st 2015: WildlifeDirect has today expressed its deep disappointment at the release of suspected ivory Kingpin Feisal Mohamed Ali. He and five others are charged with trafficking 2 tons of ivory that was seized in Mombasa on the 5th of June 2014. He had escaped to Tanzania where he remained a fugitive for 7 months before arrest, following a red notice issued by Interpol. The ruling by court magistrate Honourable Davis Karani allows him to leave Shimo la Tewa prison where he has been held since 23rd of December 2014. The terms for his release are that he pays a bond of Kshs. 10 Million (USD 100,000) and a surety of the same amount.

The decision today by the lower magistrates court contradicts a decision on 7th July just a month ago by the High Court of Kenya in Mombasa which emphasized that he (Feisal Mohamed Ali) was a flight risk. Honourable Karani today said he sees no reason why Feisal should remain in custody.

The trial which commenced four days ago (17th August 2015) follows a protracted inquiry into the disappearance of evidence in the case; 9 motor vehicles which are suspected to have been used in the crime that were under police protection. The prosecution revealed that they intend to call witnesses who are under state witness protection program.

This trial is a major test case of the newly created Wildlife Prosecution Unit under the Office of the Director of Public Prosecutions, the only unit of its kind in Eastern and Central Africa that was formed as a result of the rising cases of major transnational wildlife crime.

WildlifeDirect Chairman Philip Murgor expressed his disappointment

‘’This is the most unaccepted and unfortunate decision that a lower court can overturn the decision of the High Court. It undermines all the coordinated efforts of law enforcement agencies in Kenya and Tanzania as well as Interpol to bring the fugitive to face justice in Kenya’’

Mr. Murgor is the former head of Public Prosecutions.

Today the prosecution asked the trial magistrate Honourable Karani to recuse himself from the case but the magistrate declined.

As Kenyans reacted to the shocking news, the ODPP kept concerned citizens updated with tweets:

“we at ODPP are all shocked & disappointed by the outcome @ODPP_KE @paulakahumbu”

“JUST IN ;Magistrate refuse to stay release order &defers ruling on his disqualification until Hct decide on bail !”
And “the team in Mombasa have been in the trenches on a daily basis over this matter & they extremely disappointed

The ODPP through Assistant Director of Prosecutions Mr.Muteti has indicated that he is filing an urgent application at the high court to overturn the bond ruling and apply for the magistrate to be recused from the case.

Editor’s Note
WildlifeDirect is a Kenyan NGO and US registered 501(c) (3) organization. Hands Off Our Elephants, the flagship campaign of WildlifeDirect and it is patroned by Her Excellency Margaret Kenyatta, the First lady of Kenya. The organization has been at the forefront of driving legal reforms in Kenya and East Africa. The CEO of WildlifeDirect is Dr. Paula Kahumbu. Elizabeth Gitari is the Legal Affairs Manager.

For more information, Please contact Elizabeth Gitari at egitari@wildlifedirect.orgor +254 723 419 706