Lamu West MP Julius Ndegwa yesterday pleaded for lenient bail terms when he was hauled into an anti-corruption court in Mombasa.
Ndegwa was charged along with six Lamu West Constituency Development Fund committee members on four acts of fraud or illegal money transfer from the fund without approval of the CDF Board.
Ndegwa’s lawyer, William Kahindi, told the court that a Sh1 million cash bail slapped on the legislator was too high and pleaded for a reduction to Sh200,000.
But the magistrate rejected the plea maintaining that the bond term was reasonable.
The MP tried to argue with the court orderlies as they led him down to the cells as his relatives, who were following the proceedings from the public gallery, stared in disbelief.
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Lamu West MP Julius Ndegwa caused a stir in court when he pleaded for a lenient bail of Sh200,000.
Faced with theft charges, the MP submitted that the Sh1 million cash bail slapped on him was too high for him.
The prosecutor told the court that Ndegwa and six members of the Lamu West Constituency Development Fund (CDF) illegally transferred money from the fund without the board's approval.
The MP is charged alongside Hassan Dukicha, Sophia Wanjiru, Zakayo Gitonga, Alfred Mnjaema, Cornel Tuva and Michael Thegeru Kamau with three accounts of relocating Sh1,675,000 allocated for the construction of Witu Livestock Cattle Dip "without any approval of the CDF Board".
Ndegwa is separately charged with diverting Sh1,005,000 from the CDF kitty to himself, which he denied.
Lawyer William Kahindi told the court his clients could only afford Sh200,000 because they were people of "modest means".
"I have instruction that the cash bail of Sh1 million be reduced to Sh200,000 if possible because the bail is out of their league" said Mr Kahindi.
In reply, Mombasa Chief Magistrate Susan Shitubi said, "I will not negotiate with the bond terms. Imagine what would happen if the accused were to set their own bond terms?"
Bond review
The magistrate however told the lawyer to apply for a review of the bond terms in another court, which will be hearing the case.
The accused, who were out on their own personal bond granted by the High Hourt in Nairobi, applied to be released on the same bond but the magistrate rejected the plea.
The seven denied that in Lamu County between July 1 and October 30, 2013, they jointly and irregularly diverted Sh1.675 million to the Lamu CDF office account from the Witu cattle dip project.
They also denied the second charge of transferring Sh1.675 million from the CDF account without the board's approval.
Assistant Director of Public Prosecutions Alex Muteti said he was not opposed to the release of the accused on bond.
"In respect of the five accused, we are not opposed to their release on bond. They may be released upon depositing sureties. However, for Alfred Mnjaema and Cornel Tuva, I wish to apply for a warrant of arrest for them because they chose not to appear in court despite having been informed of the court date," said Mr Muteti
At first, the MP tried to argue with the police after the magistrate had left the court but the orderlies stood their ground and led him along with his co-accused to the cells.
The MP had been summoned by the Ethics and Anti-Corruption Commission to appear personally in court yesterday.
