Kiambu Governor Ferdinand Waititu has requested the High Court to reduce his bail term, saying the Sh19 million his family was ordered to pay in cash to secure freedom is excessive.
On Tuesday, the Anti-Corruption Court granted Mr Waititu and his wife Susan Ndung'u cash bail of Sh15 million and Sh4 million respectively. In the alternative they were to post bonds of Sh30 million and Sh10 million respectively.
The couple are among 10 people charged with corruption-related offences over an irregular roads tender worth Sh588 million.
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In a letter dated July 30, through Senior Counsel Tom OJienda, who is representing the couple in court, Mr Waititu says the bail and bond terms are excessive and amount to a constructive denial of bail without compelling reasons.
The couple spent Tuesday night in remand at Industrial Remand Prison and Lang'ata Women's Prison after failing to post their bail.
In addition, the governor also seeks review of order barring him from setting foot in Kiambu County office.
"The current governor of Kiambu is particularly aggrieved by the terms so set by the trial court that he should neither access nor set foot in Kiambu County offices until his graft case is heard and determined," says Mr Ojienda.
Chief Magistrate Lawrence Mugambi made the ruling barring Mr Waititu from office citing a precedent set by Justice Mumbi Ngugi.
Justice Mumbi ruling
Justice Ngugi reasoned that governors facing corruption charges are likely to intimidate their subordinates, who are likely to be witnesses, if left to run county affairs while facing trial.
In her ruling, Justice Mumbi said that stepping aside of governors would not create a vacuum since the deputy governor can run county affairs.
"I believe there will be no vacuum in the county. I take judicial notice of the fact that there have been circumstances in the past in which county governors, for reasons of ill health, been out of office, and given the fact that the Constitution provides for the seat of the deputy governor, the counties have continued to function," ruled Justice Mumbi in a case involving Samburu Governor Moses Lenolkulal.
Mr Lenolkulal was also barred from his office after being charged with corruption-related offense over awarding of a fuel contract to a firm to him.
Nyoro takes charge
Hours after Mr Mugambi's ruling on Waititu, Kiambu Deputy Governor James Nyoro hurriedly convened a Cabinet meeting where he announced he had taken charge of the county affairs.
Dr Nyoro has had a falling-out with Mr Waititu and the two were not seeing eye-to-eye.
