Kiambu Governor Waititu Asks High Court to Review 'Harh' Bail Terms as He Spends Night in Remand

Kiambu Governor Ferdinand Waititu has filed an application before the High Court seeking to have his bail conditions set by a lower court reviewed downwards.

In an application filed through his lawyer Tom Ojienda, Governor Waititu described the bail terms set by Milimani Chief Magistrate Lawrence Mugambi as "excessive, harsh and unjustified." 

He further argued that the decision by Magistrate Mugambi to bar him from accessing his office until his case is heard and determined is unconstitutional.

Magistrate Mugambi released Waititu on a cash bail of Sh15 million or Sh30 million bond after he denied graft charges in a case involving Sh588 million irregular tender.

Lawyer Ojienda further noted that the bail terms given to his client are excessive and amount to a “constructive denial of bail without compelling reasons.”

 “The bail and bond terms are excessive issued per incuriam and the terms amount to a constructive denial of bail and bond without compelling reasons,” lawyer Tom Ojienda said in court documents.

Waititu spent Tuesday night at Industrial Area Remand Prison after he failed to deposit the bail amount on time while his wife Susan Wangari was detained at Lang’ata Women’s Prison.

Ms. Wangari was released on Wednesday morning after paying her Sh4 million cash bail and presenting Sh10 million bond.

On Wednesday, High Court Justice John Onyiego directed that Waititu’s application for review of the bail conditions be heard on Friday this week.