Waititu freed on KSh15 million cash bail, barred from accessing his office

Kiambu Governor Ferdinand Waititu has been freed on a KSh15 million cash bail or a bond of KSh30 million and barred from accessing his office for the entire duration of his corruption case involving more than KSh600M.

Anti-Corruption Court Magistrate Lawrence Mugambi also ordered him to surrender his passports and ensure he does not contact witnesses lined up to testify against him in the case.

“This Court will grant bail to the following accused persons and impose the following conditions: the first accused shall not access his office until this criminal case is heard and determined,” the magistrate ruled.

The order applies to county employees charged alongside the governor over irregular awarding of tenders.

Also charged is Waititu’s wife – Susan Ndung’u as well as Charles Chege and Beth Wangeci — two directors of Testimony Enterprises Limited, the company contracted to construct roads in the county at a cost of KSh588M

“Equally accused persons who are employees of the County Government will not access their offices during the pendency of this case. The rest of the accused persons are also barred from setting foot in Kiambu County Offices pending this trial,” he said.

The company was paid KSh225M, part of which (KSh25M) was channeled to the governor through his real estate company and which was later used to allegedly purchase Delta Hotel in Nairobi.

Waitutu’s lawyer – Tom Ojienda, has indicated they will appeal the decision, which he described as discriminatory and unconstitutional, a fact the magistrate disagrees with.

“I further do not agree that limiting the governor’s access to office is an affront to the Constitution, Principle on the Presumption to Innocence, for if it were to be the case then denying an accused bail or bond would be tantamount to finding them guilty yet there are many people in remand who have been denied bond and they continue to attend court for the trial of their cases,” he said, adding “imposing conditions that guarantee integrity of this trial cannot be an illegality.”

Waititu’s wife Susan Wangari was also released on a cash bail of KSh4 million or bond of KSh10 million.

The decision to bar Waititu follows a ruling issued last week by Justice Mumbi Ngugi, who upheld a magistrate’s decision to bar Samburu Governor Moses Kasaine from office until a corruption case against him is heard and determined.

Kasaine has since appealed the decision.