Blow to Waititu as court declines to allow him access office
Kiambu Governor Ferdinand Waititu has been dealt a blow after the High Court dismissed a bid to review his bail terms in the Ksh.588 million corruption case against him.
Justice Ngenye Macharia on Thursday declined to reduce the Ksh.15 million cash bail granted to Waititu as well as suspend orders barring him from accessing office until the case is heard and determined.
“I find no illegality in the order of trial Magistrate Lawrence Mugambi in ordering Waititu not to set foot in the Kiambu County offices pending hearing and determination of the case… The bail of 15 million shillings was also appropriate,” ruled Justice Macharia.
The judge pointed out that allowing the governor and his co-accused to access county offices would be absurd and “a mockery to the constitution.”
“In as much as they are innocent it will be a mockery to our constitution with such people, if allowed to continue with dealing with the county jobs,” said the judge.
“Absurdity will reign if he (Waititu) is allowed to go back to the office.”
Justice Macharia noted that the bail terms granted by the lower court were reasonable, as charges against the governor are “grave and require stringent bail terms.”
“It was reasonable for the lower court to issue the conditions… charges facing him are grave and stringent bail terms must be attached,” ruled the court.
The judge said barring the governor from accessing office does not amount to his removal.
“The constitution has the mechanism for removal of such officers as governors no other law should supersede it. Attaching conditions is not tantamount to the removal of the governor,” ruled Justice Macharia.
The court, however, allowed Governor Waititu a single day to pick his personal belongings from his Kiambu town office, but under supervision by the investigating officer.
Governor Waititu, through his lawyer, has indicated intentions to move to the Court of Appeal to have his bail terms reviewed.
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