The High Court has dismissed a petition by former Kiambu Governor Ferdinand Waititu challenging a law that bars individuals convicted of corruption and economic crimes from holding public office for 10 years.
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, the court 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 Sh588 million Kiambu County corruption case.
The case centred on the irregular award of a road construction tender to Testimony Enterprises Limited during Waititu’s tenure as governor.
Waititu was fined Sh53.5 million, with a 12-year prison term as the alternative sentence if he failed to pay the fine.
Former Kiambu County roads chief officer Luka Mwangi Wahinya was fined Sh21 million or sentenced to seven years in prison, while businessman Charles Chege Mbuthia, a director of Testimony Enterprises Limited, was fined Sh295 million or faced nine years behind bars.
The petitioners argued that the alternative custodial sentences exceeded the limits set under Section 28(2) of the Penal Code, raising questions about the legality of their punishment and the protection of their constitutional rights.
The dismissal of the petition leaves the challenged legal provision intact, maintaining the 10-year restriction on individuals convicted of corruption and economic crimes from holding public office, as provided for under the law.
