• They appeared before magistrate Lawrence Mugambi alongside nine other suspects at a Milimani law court.
Image: VICTOR IMBOTO
Kiambu Governor Ferdinand Waititu, wife Susan Wangari and all other suspects in a Sh588 million illegal roads tender case will spend another night in the cells.
This is after magistrate Lawrence Mugambi declined to give a ruling on bail on Monday.
The magistrate said he will not be able to deliver a ruling on Monday, even though Waititu's lawyer, Tom Ojienda, said he was willing to go back at 5pm for the verdict.
However, Mugambi maintained the ruling we be delivered at on Tuesday at 10:30am because he needs to look at the material provided in court and he had another proceeding in the afternoon.
Ojienda, Nelson Havi, Collins Kiprono, Kipchumba Karori, Edwin Chege and James Njoroge form Waititu's defence team.
Ojienda had said the road in question is 60 per cent complete.
He said no reference in the charges states that any money has been lost during the process of the tender.
"The charges are aboutthef procurement process. No allegation relates to nondelivery of a tender that's been awrded," he said.
The ODPP objected to his line of submission and asked that he refrain from going into giving evidence at this stage.
Ojienda agreed and said it is sufficient that the court consider granting the accused persons bail.
He said they had not been served with any affidavit to show the accused do not deserve bail.
"All the accused persons surrendered themselves once they learned about the charges," Ojienda said.
"Baba yao (Waititu) can be traced. He can't flee. His a top political player. The rest are civil servants of Kiambu county who earn Sh125,000. They have no financial muscle to escape anywhere."
"They will only rotate around Kiambu county".
Ojienda said they were simply executing the oath of office while sitting as memebers of the tender committee.
Ojienda requested the magistrate not to violate the provisions of Article 149 or provisions of Section 62 (6) of the EACC Act when imposing bail.
He said Waititu should not be limited from visiting his office or executing his responsibilities as governor.