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Waititu loses bid to access county office, have Sh15m bail terms reviewed

Judge says bail terms are reasonable.

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by susan muhindi

News08 August 2019 - 17:07
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In Summary


• He had accused magistrate Lawrence Mugambi of abusing his discretion.

Kiambu Governor Ferdinand Waititu.

Kiambu Governor Ferdinand Waititu has lost his bid to have his Sh15 million bail terms reviewed and to be allowed to access his county offices.

He had accused magistrate Lawrence Mugambi of abusing his discretion when he barred him from accessing his office.

However, Judge Ngenye Macharia on Thursday said the Sh15 million bail and Sh30 million bond terms granted to Waititu were reasonable.

Waititu through lawyers Tom Ojienda and Nelson Havi had told judge Ngenye Macharia that the magistrate went beyond the call of duty in imposing the condition while he issued the bail terms.

Macharia said after considering the charges and position of influence held by Waititu, it was reasonable that the trial magistrate decided to impose the condition.

"I find no fault by Mugambi's decision barring them from setting foot in the office of Kiambu county. He shall only be allowed to go back once in the presence of IO and pick his personal belongings," Macharia said.

"I find there's no illegality in order of Mugambi ordering him not to set foot while the trial is going on."

Macharia said the setting of bail is a discretion of the trial court

On Monday last week, Waititu was charged alongside his wife Susan Wangari and eight others over a Sh588 million irregular tender. Waititu was subsequently released on Sh15 million bail on condition that he should not access his office.

His wife was ordered to pay Sh4 million. Mugambi said the order barring the county chief from accessing his office doesn’t violate the Constitution or amount to his removal "but is intended to ensure the integrity and credibility of the trial and to safeguard the public interest". 

But Ojienda faulted the magistrate’s decision, saying he should have at least defined when Waititu can access the county offices as is the case with other governors facing corruption-related charges.


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