Blow to Waititu as court retains tough bail terms

Kiambu Governor Ferdinand Waititu has been dealt a major blow after the High Court declined to lift an order barring him from accessing his office.

He will stay out of the office until the determination of the Sh588 million corruption case.

Judge Ngenye Macharia upheld the decision of trial magistrate Lawrence Mugambi who granted the county chief Sh15 million cash bail.

The magistrate ordered Waititu not to set foot in his office until his case is determined.

Mugambi said the condition did not amount to Waititu's removal from office but is intended to ensure integrity and credibility of the trial and to safeguard public interest.

Ngenye said after considering the charges and the position of influence held by Waititu it was reasonable for the trial magistrate to impose the condition.

“In as much as they remain innocent until proven guilty, it would be a mockery of the spirit and letter of Constitution to allow them back to office considering the grave and weighty offences they are facing. I find no fault in Mugambi's decision barring them from setting foot in the office of Kiambu county alongside the other accused persons,” Macharia ruled.

The court considered the possibility of interference of witnesses.

The court however gave Waititu a window period within which he can collect his personal belongings.

Ngenye said she found no illegality or impropriety in Mugambi ordering Waititu not to set foot in the office but he should elect a day of his choice and visit the offices in presence of the investigating officer to collect his stuff.

Waititu, she said, was required to act selflessly in the conduct of public duty. She said accountability is a key tenet in leadership and that it is clear the Constitution allows trial courts to set conditions.

The court however set aside order issued by the trial court requiring suspect Luka Mwangito to deposit Sh15 million bail and substituted it with a sum of Sh2 million.

For Charles Chege and Beth Wangechi who are a couple, court said it was prudent that the terms be varied. They got bail of Sh4 million each.

The bail terms for Zachariah Njenga, Joyce Ngina, Simon Kabocho, Anselm Gachukia and Samual Muigai remain as set. They had been  granted Sh1 million bail and Sh3 million bond.

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