Governor Waititu is seeking a review of his bail terms which slapped him with a 15 million shillings cash bail and barred him from accessing his county offices.
Waititu and his wife Susan Wangari were charged last Monday in the 588 million shillings irregular road tender case.
In an application before lady justice Ngenye Macharia, Waititu through lawyer Tom Ojienda faulted the trial court for the stringent bond terms, which he claimed were excessive and amounted to denial of bail.
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Waititu further claimed that barring him from accessing his office was tantamount to removing him from office which could lead to a power vacuum.
The prosecution led by state prosecutor Alexander Muteti explained that Waititu was a state officer and just like other state officers facing graft charges should remain out of office until the graft case against him is heard and determined.