Court dismisses Waititu's bid to challenge law barring convicts from public office

The petitioners had sought to have Section 64 of the Anti-Corruption and Economic Crimes Act declared unconstitutional, arguing that the provision, which gives effect to Chapter Six of the Constitution on leadership and integrity, unlawfully restricts their eligibility for public office.

In a judgment delivered by Justice Roselyne Aburili, on behalf of Justice Chacha Mwita,  ruled that the petitioners had failed to provide sufficient grounds to invalidate the law.

“The petitioners did not demonstrate why the section is unlawful,” the court observed.

Waititu and his co-petitioners also challenged the legality of the alternative prison sentences imposed on them following their convictions in the Ksh.588 million Kiambu County corruption case.

The case involved the irregular award of a road construction tender to Testimony Enterprises Limited during Waititu’s tenure as governor.

Waititu was fined Ksh.53.5 million, with a 12-year prison term as the alternative for failure to pay. Former Kiambu County roads chief officer Luka Mwangi Wahinya was fined Ksh.21 million or sentenced to seven years in prison, while businessman Charles Chege Mbuthia, a director of Testimony Enterprises Limited, was fined Ksh.295 million or faced nine years behind bars.

The petitioners argued that the alternative custodial sentences exceeded the limits set out under Section 28(2) of the Penal Code, raising questions about the legality of their punishment and the protection of constitutional rights.

Section 64 of the Anti-Corruption and Economic Crimes Act disqualifies any person from holding public office for ten years after they have been convicted of corruption or economic crimes. 

"A person who is convicted of corruption or economic crime shall be disqualified from being elected or appointed as a public officer for ten years after the conviction," part of the Act reads. 

"At least once a year the Commission shall cause the names of all persons disqualified under this section to be published in the Gazette."