EMBAKASI MP Ferdinand Waititu may now face murder charges. Director of Public Prosecutions Keriako Tobiko, through state counsel Lilian Obuo, told court that he would be preferring charges of murder, incitement to violence, malicious damage to property and assault.
The magistrate remanded the Water assistant minister at Kileleshwa police station until today when he will rule whether he can be released on bail. If he is finally charged, Waititu is likely to have to resign his ministerial post. The state counsel opposed bail application after the MP denied charges of hate speech and incitement to violence.
Obuo described the MP as a "serial law breaker who has had refused to honor police summons and went into hiding after he committed the offense." "There are persons who have been injured, others have lost properties and others died as a result of his utterances, we seeking justice for these people and that is why we are pleading with this court to give us at least 48 hours to be able to complete investigations".
Two people died in Embakasi on Monday September 24 when Waititu called for all Maasai to be kciked out of the constituenyc. According to the charge sheet, he is accused of saying "Tunasema namna hii, kutoka leo, Wamasai wote hatutaki kuwaona hapa kayole. (What were saying is that from today we do not want to see members of Masaai community in Kayole)."
In another count, he allegedly said "Wamasaai wote ni lazima waondoke, ni watu wa Tanzania na hawana vitambulisho, watu wetu wanaweza kufanya hiyo kazi ya watch man (these Masaai people have to move out because they are from Tanzania and without identity cards. We have local people who can be employed as watchmen)."
Yesterday the High Court separately allowed the DPP to continue the prosecution of the embattled MP in another case.
"I warned you three times that you should not get in trouble with the law. This is sufficient for me to discharge the orders. You will proceed with these cases as the other one goes on," declared Justice Isaac Lenaola yesterday. In that case, Waititu was arrested in 2010 after leading his constituents to protest against the demolition of illegal houses on a reserve for Kangundo road.
Several people included police officers were injured after a mob stoned them. He was then released on a on a cash bail of Sh100,000. On Wednesday he moved to the High Court to block his arrest and prosecution but his plea was rejected by Justice Mary Ngugi.
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