Waititu lost a bid to have two witnesses denied the chance to testify in a graft case where Waititu is accused of misappropriating Ksh588 million.
The former governor had argued that former Kiambu Finance Chief Officer Faith Njeri Harrison and former director of supply chain management Justus Bundi Kinoti had carried out the transactions that landed him in court.
Senior Principal Magistrate Thomas Nzioki, however, refused to have statements from the two witnesses expunged from the record.
Waititu had filed the case in court on Thursday, January 30, a day after senators voted to remove him from office.
In his application, Waititu wanted the two witnesses treated as accomplices in the graft scandal.
Through his lawyer John Swaka, Waititu explained that it was Njeri who approved dubious payments to contractors.
He further stated that it was Kinoti who coordinated the tender award process and gave his professional opinion on the deals.
“The two played fundamental roles in the transactions touching on the substance of the case. They participated in the mischief that this court seeks to correct,” he argued.
“They made decisions and approved that which has turned out to be an offence before this court.
“If any illegality occurred, it was due to their acts. No offence was perpetrated by the applicant. Article 10 (b) and (c) calls on public officers to uphold good governance, integrity, transparency and accountability in exercise of their functions. The question is whether there was real accountability for them to qualify to be witnesses in this case,” Swaka had told the court.
Sakwa claimed that by failing to charge the two, the prosecution set up Waititu to pay the price for their mistakes.
Waititu’s former deputy, James Nyoro, was sworn in as the new Governor of Kiambu on Friday, January 31.