Prosecution says Governor Waititu should receive half salary
- Prosecutor Alexander Muteti made the submission on Monday after Governor Waititu moved to court for a review of orders barring him from accessing his office.
- Waititu, through lawyer Prof. Tom Ojienda, also termed the Ksh.15 million cash bail and Ksh.30 million bond he was released on as excessive.
The prosecution in the Ksh.588 million graft case against Governor Ferdinand Waititu now says that the embattled Kiambu county boss should be receiving half pay.
Prosecutor Alexander Muteti made the submission on Monday after Governor Waititu moved to court for a review of orders barring him from accessing his office.
Waititu, through lawyer Prof. Tom Ojienda, also termed the Ksh.15 million cash bail and Ksh.30 million bond he was released on as excessive.
Prof. Ojienda said Chief Magistrate Lawrence Mugambi abused his discretion in granting bail terms, further citing a case where former Treasury Cabinet Secretary Henry Rotich was facing charges of misappropriation of over Ksh.60 billion but was also released on a cash bail of Ksh.15 million.
“There is fragrant abuse of discretion by the lower court. It is no longer clear what guides courts in granting bond or the option of cash bail,” said Ojienda.
The defense team also faulted a July 24, 2019 ruling by High Court Judge Mumbi Ngugi which instructed that elected executives cannot continue to attend office when facing corruption related charges.
Kiambu Deputy Governor James Nyoro has since Waititu was arraigned in court announced that he has taken charge of operations of the county.
“Governor’s seat is a special position as the law intended it to be so. The Deputy Governor cannot exercise any executive powers with respect to running the county government except as may be delegated by the Governor,” Ojienda told the court.
“We ask the court to remove the limitation for Waititu barring his access to office as he remains innocent until proven guilty. Its worrying that a charge has become a presumption of guilt in this country.”
Prosecution however dismissed the argument to have Waititu’s bail terms reviewed saying “serious offences attract serious sanctions.”
According to Prosecutor Muteti, there are no documents to prove that the terms were excessive, adding that the Kiambu county boss should not expect any special treatment.
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