Waititu seeks review of bond terms

Kiambu Governor Ferdinand Waititu has said he can only be removed from office by a process initiated by the county assembly and approved by the Senate.

The county chief in a letter addressed to the deputy registrar of the High Court insists he can only be removed if he is convicted of an offence punishable by imprisonment for at least twelve months.

In the letter, Waititu requests to have his trial file placed before the duty judge to allow him argue a review of the bail terms imposed by magistrate Lawrence Mugambi on Tuesday. The file has since been allocated to judge John Onyiego who directed that the matter be heard tomorrow.  

Waititu was on Monday charged alongside his wife Susan Wangari and eight others over a Sh580 million irregular tender.

Waititu was ordered to pay Sh15 million cash bail or a bind of Sh30 million while his wife is to pay Sh4 million bail. They were required to deposit their travel documents in court.

Magistrate mugambi in issuing the bail terms barred Waititu from going back to office. The magistrate indicated that his order doesn’t violate the Constitution or amount to Waititu's removal but is intended to ensure the integrity and credibility of the trial and to ensure that public interest is safeguarded.

Waititu  through lawyer Tom Ojienda says the bail and bond terms are excessive and amount to "a constructive denial of bail and bond without compelling reasons."

"I am particularly aggrieved by the terms set by the trial court which indicated that I should neither access nor set foot in Kiambu county offices until my matter is determined. But these terms constitute my effective removal from office which is in violation of section 62 (6) of the Anti-Corruption and Economic Crimes Act,” Waititu says

Waititu argues that section 62 (1) of ACECA  provides that "a public officer or state officer who is charged with corruption or economic crime shall be suspended, at half pay, with effect from the date of the charge until the conclusion  of the case, provided that the case shall be determined within twenty-four months."

Waitutu wants the High Court to determine the effect of a court order barring access to office of a sitting governor.

He also wants the court to determine whether the bail terms as defined by Mugambi are excessive, harsh and unjustifiable.