Former Kerio Valley Development Authority MD David Kimosop and 15 other accused persons have been unable to raise the bail imposed by court last week.
Kimosop is held at Industrial Area Remand prison for failing to raise Sh6 million cash bail or Sh 12 million bond.
Kimosop and 15 others have moved to the High Court in a bid to reduce their bail terms to regain their freedom.
Those unable to pay are Samuel Koskei, tender committee member, and William Maina, head of supply chain, who were released on similar terms as Kimosop.
The rest were each ordered released on a Sh5 million bond or upon deposit of Sh2 million cash bail.
Last week, former CS Henry Rotich was charged alongside two PSs Kamau Thugge and Susan Koech and are out on bail.
Rotich and Thugge each deposited Sh15 million cash bail while Koech paid Sh8 million cash bail. They were all released on the same day they were charged.
Former Nema director general Geoffrey Wahungu and official David Walunya were released after depositing Sh750,000 cash bail.
Kimosop and his co-accused have applied for reduction of the bail imposed on them by chief magistrate Douglas Ogoti.
They say that they are unable to meet their bail and bond terms that were set by the trial court owing to financial constraints.
“It is an acknowledged fact that there are no compelling reasons to deny them bail. However the terms imposed by the trial court are harsh, oppressive and did not take into consideration their peculiar circumstances which is like denying them the said bond,” the lawyers argue.
They claim that it is in the interest of justice to review or set aside the bail and bond imposed on the accused persons.
In an affidavit filed by Koskei, he pleads with the court to review their bail arguing that they are junior employees earning meagre salaries.
The said they are also heavily burdened with loans owing to their family needs and the current economic hardship in the nation.
Koskei said that the court should apply different bond terms based on the peculiar circumstances of the accused persons.
“For us to raise the bond terms set by court, we would have to go through agony to raise the bail and we will suffer for a crime yet we are presumed innocent until proven guilty,” he said.
The DPP has opposed the review of bail asking the court not to interfere with the discretion of the trial court without basis.
