Former Kiambu Governor Ferdinand Waititu’s Son Charged with Drunk Driving, Pleads Guilty

Former Kiambu Governor Ferdinand Waititu’s son Brian Ndung’u was on Monday arraigned in court over drunk driving.

Ndung’u, a law student at Strathmore University was arrested at 1:30 am on Monday for driving under the influence of alcohol.

At the time of his arrest, Ndung’u was driving a Toyota Probox on Muindi Mbingu Street in Nairobi CBD and was incapable of controlling the vehicle, according to a police report.

Appearing before Senior Principal Magistrate Esther Kimilu of Milimani law courts on Monday, the accused pleaded guilty to the charges and appealed for leniency, arguing that he was a first-time offender.

“Your honor I plead for leniency before this court and I will not repeat the offense,” Ndung’u pleaded with the magistrate.

The 25-year-old was fined Sh30,000 or serve a three-month jail term in default of payment of fine.

In 2019, Kiambu Senior Resident Magistrate Bryan Khaemba ruled that drunk driving is not an offense as long as the driver is in control of the vehicle.

Magistrate Khaemba made the ruling in a case where a motorist identified as Michael Ngobe Mugo was charged with driving under the influence of alcohol.

The judge said that the prosecution must prove that a driver was not in control of the vehicle for him to be convicted of drunk driving.

Mugo was charged with driving under the influence of alcohol after he was arrested on May 23rd, 2018 at 8 pm on Banana-Ruaka road within Kiambu County.

One of the traffic police officers who testified in the case told the court that the accused person overpowered him and two of his colleagues during the arrest.

However, the judge questioned how a person who is alleged to have been intoxicated managed to overpower three police officers.

“Such is not conduct expected of a person who is alleged to be too drunk to control a motor vehicle,” reads the ruling.

The court also ruled that the accused was not affected by the alcohol and that’s why he managed to resist arrest.

“The upshot is that I find that the State was unable to establish a prima facie case against the accused for failing to adduce evidence on the control of the said vehicle or lack of it,” ruled Magistrate Khaemba.