Embakasi MP Ferdinand Waititu, who was underground for two days, was finally handcuffed, taken to court, and locked up, as a possible capital offence lurked.
As he grappled with the discomfort of police cells, contemplated what the future hold for him, and assessed his chances with the law, the President and Prime Minister consulted and asked him to step aside until cleared of the charges facing him.
The fact that the charges against him could turn harsher came from the fact that the prosecution linked the one on incitement at Kayole to the deaths that followed.
When his case file was called out, the prosecution sought to have the MP detained at the Kayole Police Station for 48 hours to complete investigations and compile the charges because they were investigating murder related issues.
The prosecution told the court that the assistant minister was a serial lawbreaker, who had on one occasion failed to honour court orders after being released on bail. He said they were contemplating charging the MP with murder.
Murder is a capital offence whose punishment includes life imprisonment. Death penalty does not apply in the current Constitution.
Given the tradition of the courts where some cases take long to resolve, Waititu’s may likely lock him out of the race for Nairobi Governor.
Waititu has had a run with and engaged in scuffles with law enforcers. The MP, who has another case, presented himself in court after eluding police officers, in compliance with Wednesday order for his arrest.
He went to court accompanied by two lawyers, but left with two police officers who herded him to the basement of the court after magistrate Paul Biwott directed he be detained at Kileleshwa Police Station until today.
But before moving to Kileleshwa, Waititu was taken to the High Court in the afternoon where conservatory orders given by the court were lifted.
“I warned you not be involved in activities that breach the law. Now I can see you in handcuffs. The conservatory orders that I issued have now been lifted,” said Justice Isaac Lenaola.
Lenaola had issued orders that gave the MP immunity against being charged with any other offence relating to the demolition of the Kenya Ports Authority slums until a suit filed in the High Court was heard and determined.
While lifting the conservatory order, Lenaola took issue with the Waititu over his continued involvement in activities that were in breach of the law when he was supposed to uphold the peace.
After taking plea at the magistrate’s court the humbled MP was escorted to the basement police cells at the Milimani Law Courts. He stayed there for over two hours before he was charged at the High Court.
At the magistrate’s court, the MP watched proceedings in an apprehensive mood, throwing casual glances at the audience before focusing a steady gaze at his lawyers.
According to the charge sheet the MP faces another charge that on December 13, 2010, at KPA slums in Embakasi, without lawful excuse he uttered words and threw stones to police, an act that was calculated to have led to disobedience of the law and obstruction of police officers.
Thursday, Biwott ordered Waititu be detained at the Kileleshwa Police Station pending the determination of his bail application.
The magistrate directed he be held at the station instead of the Kayole Police Station, which the prosecution had sought after the Embakasi MP pleaded not guilty to incitement to violence and hate speech charges.
The minister arrived at the court at 9am, accompanied by his lawyers Cliff Ombeta, and Evans Ondieki. He found some of his supporters already seated in the courtroom.
Two people murdered
The court was packed with Waititu’s supporters and the public, including members of the Maasai community whose kin were killed in the Kayole chaos. Prosecution says the violence was set off by the MP’s order to his supporters to eject them.
A State Counsel at the Director of Public Prosecutions office, Lilian Obuo, told the court Waititu’s utterances led to the destruction of property and attacks resulting in injuries and deaths of two people. “Two people were murdered, while others were injured, and property destroyed due to the utterances. We recognise the rights of the accused person, but we are seeking that he be detained at the Kayole Police Station for 48 hours,” pleaded Obuo.
The prosecution is seeking to charge the MP with incitement to violence contrary to Section 96 of the Penal Code and a second charge of hate speech.
The prosecution has lined up two senior police officers, a District Officer, and a chief as witnesses.
According to the charge sheet, the Embakasi MP is accused that on September 24, at Kayole Corner in Embakasi, within Nairobi area, he uttered words: “Tanasema namna hii kutoka leo hii wamaasai wote hatutaki kuwaona hapa Kayole (We say Maasai should leave Kayole).
He went on: “Wamaasai wote lazima waondoke ni watu wa Tanzania na hawana vitambulisho, watu wetu wanaweza kufanya kazi ya watchmen (They must leave; they are Tanzanians. Our people can also work as watchmen).”
Lawyer Ombeta opposed the application by the prosecution on Kayole Police Station arguing that the police had not arrested him, but he had instead honoured court summons and appeared to take plea.
Ondieki explained the prosecution had raised issues of murder, but they had failed to furnish the court with death certificates, names of people murdered, postmortem reports, and the place of murder.
But Obuo argued that the MP was facing a similar charge that was still pending in court, and had failed to appear in court after being released on bail and charged. He said the MP could abscond if he were released.
Ombeta had also sought the court to lift an arrest warrant that had been issued against the MP by the court, but the magistrate said he would also decide on the matter today.
After hearing arguments from both sides, the magistrate directed that he would give a ruling on the bail application today at 9am.
By Isaiah Lucheli, Standard Digital.
