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Kiambu Governor Ferdinand Waititu at Kiambu Law Courts on Wednesday during the hearing of his anticipatory bail case hearing.He wants the court to extend orders for the bail. [Kamau Maichuhie/Standard]

An official from the Director of Public Prosecutions (DPP) office on Wednesday told a Kiambu court that it erred in giving anticipatory bail to Governor Ferdinand Waititu and his Chief Finance Officer (CFO).

Tom Imbali opposed their bail before Chief Magistrate Patricia Gichohi, saying the two failed to establish a breach or threat to their rights.

Former Kiambu Principal Magistrate Brian Khaemba, who resigned last week after being suspended by Chief Justice David Maraga on May 23, granted Waititu and his CFO Faith Njeri Harrison the bail.

The DPP, Director of Criminal Investigations, Inspector General of Police, EACC and Banking Fraud Unit are named as respondents in the case.

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Waititu's lawyer Michael Osundwa said he was not ready to proceed with the case as he was given the DPP's response yesterday morning.

Two weeks ago, EACC filed an affidavit giving reasons for its opposition to the bail.

EACC accuses the governor of receiving kickbacks through his bank accounts and accounts of companies associated with him, his wife Susan Wangari Ndung’u and their daughter Monica Njeri.

EACC lawyer Roselyn Murugi said the governor should not use courts to shield himself from arrest.

DPP Governor Ferdinand Waititu Brian Khaemba
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