Haji opposes request to review Waititu bail terms

Nancy Gitonga

The Director of Public Prosecutions Noordin Haji has asked the High Court to dismiss an application filed by Kiambu Governor Ferdinand Waititu, his wife and other suspects seeking to have their bond terms reviewed.

Through his assistant Alexander Muteti, Haji said the terms set by the trial magistrate meet the threshold set out in the Constitution.

"The accused persons have not discharged their burden to the required standard in demonstrating that the bond terms granted by the trial magistrate were unreasonable, unjust, exorbitant and in contravention with the Constitution,” the DPP said in his response to Waititu's application. 

Waititu, his wife Susan Ndung’u and six others face fraud charges over irregular tender worth Sh588 million. 

The governor was released on Thursday on Sh15 million cash bail, while the wife was released on Wednesday from Lang'ata Women's Prison after securing a Sh4 million cash bail.

When delivering the bail ruling, chief magistrate Lawrence Mugambi also barred Waititu from accessing his office until the corruption case is heard and determined.

But the Prosecution says the accused persons, by virtue of their positions are men and women of means and have not presented any evidence to the contrary to warrant a review of their cash bail imposed on them.

It further claims that the order barring the governor from office is line with the provisions of Chapter Six of the Constitution and should, therefor, not be interfered with.

“That the order barring the applicant Waititu from accessing his office is constitutionally permissible” reads the response filed by Muteti.

The DPP argued that there is no proof that the magistrate did not exercise his judicial discretion fairly, justly, objectively, rationally and legally in the face of the issued raised by the accused persons.

“That the applicants have not demonstrate or placed any material documenting an impropriety, illegality, irrationality by the trail court to warrant the High court’s intervention with the judicial discretion fairly exercised,” says prosecution.

Waititu's lawyers led by Tom Ojienda moved to the High Court challenging the bail terms.

Waititu  is charged alongside wife, Luka Mwangi, Charles Chege, Beth Wangechi, Zacharia Njenga, Joyce Ngina, Simon Kabocho, Anselem Gachukia, Samuel Muigai, Testimony Enterprises Limited, Saika Two Estate Developers Limited and Delta Hotel.

Justice John Onyiego on Friday directed all parties to appear in court on Monday for the bail review hearing.