Waititu woes continues as judge fails to reduce his bail

Kiambu Governor Ferdinard Waititu lawyer a at a Milimani court . Waititu was released on a bail of 15 million shillings. [George Njunge/Standard]

Kiambu Governor Ferdinand Waititu spent a second night at Industrial Area Remand Prison yesterday after failing to convince the High Court to reduce his Sh15 million bond.

The governor might spend the third night in remand today after Justice John Onyiego deferred to Friday the hearing of his appeal against the magistrate’s bail ruling.

Anti-corruption Court Chief Magistrate Lawrence Mugambi on Tuesday ordered Waititu to deposit a cash bail of Sh15 million to secure his freedom after spending two days in custody while his wife, Susan Wangari Ndun’gu was released on a cash bail of Sh4 million.

Mr Mugambi also ordered the governor to stay away from his office and to deposit all his traveling documents in court.

The two were charged alongside six other Kiambu County officials and a businessman for conspiracy to defraud the county Sh588 million through irregular road tender.

Whereas Waititu’s wife managed to pay the cash bail and was released after spending a night in remand at Langata Women’s Prison, the governor filed an appeal to reduce his bail arguing that he was not able to raise the amount.

Mugambi also released Kiambu County Chief Officer for Roads and Transport Luka Mwangi Waihinya and businessman Charles Mbuthia Chege on a cash bail of Sh15 million each.

Chege’s wife, Beth Wangeci Mburu was released on a Sh4 million cash bail while Kiambu County’s tender committee members Zacharia Mbugua, Joyce Ngina, Simon Kang’ethe, Anslem Wanjiku and Samuel Muigai were each granted Sh1 million bail.

Through lawyer, Tom Ojienda, Waititu argued that the magistrate also set unconstitutional bail terms.

According to Ojienda, the bail terms set by the magistrate for all the accused persons were excessive, disproportionate, harsh and did not commensurate with the amount said to have been lost.

He stated that the bail amounts to each of the accused persons despite their financial circumstances amounted to indirect denial given that some of the accused are junior staff who cannot raise the amounts.

“The magistrate misdirected himself by using wrong sections of the law to set the bail terms when there were no compelling reasons. We want the court to review the cash bails downwards to safeguard the accused rights,” said Ojienda.

The lawyer also faulted the magistrate’s court for barring Waititu from accessing his office arguing that this amounted to removing the governor from office through the back door.

“The terms constitute his effective removal from office in total contravention of the constitution. The constitution provides how a constitutional office holder can be removed from office, and being charged with any criminal offence is not one of the grounds for removal,” said Ojienda.

He argued that there is no provision in law for suspension of a governor from office, and that the magistrate usurped the people’s power by barring Waititu from accessing his office.