Kiambu Governor Ferdinand Waititu is seeking to have his bail terms reviewed after he and his wife were unable to raise the Ksh. 15million that the court ordered.
“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,” his lawyer Tom Ojienda said.
He further criticised the additional order barring Waititu from accessing his Kiambu County office saying it constitutes effective removal which is in violation of the Constitution.
The advocate maintained that a Governor can only be removed from office through the process initiated by the county assembly.
Waititu spent Tuesday night at Industrial Area Remand Prison while his wife was detained at the Lang’ata Womens Prison.
They presented themselves to the Ethics and Anti-Corruption Commission (EACC) on Sunday following arrest orders issued by the DPP.
Their bail conditions were set after they denied graft charges over an alleged Ksh. 588million irregular tender.
The court ordered that the Governor pay cash bail of Ksh.15 million and Ksh.30 million bond.
His wife Susan Wangari and four other county officials were released on a cash bail of Ksh. 4million each and a bond of Ksh. 10million each or a surety of a similar amount.