Ojienda said the road in question is 60 per cent complete.

He said no reference in the charges states that any money has been lost during the process of the tender.

He said they have not been served with any affidavit to show the accused do not deserve bail.

"All the accused persons surrendered themselves once they learned about the charges," Ojienda said.

"Baba yao (Waititu) can be traced. He can't flee. His a top political player. The rest are civil servants of Kiambu county who earn Sh125,000. They have no financial muscle to escape anywhere."

"They will only rotate around Kiambu County".

Ojienda said they were simply executing the oath of office while sitting as memebers of the tender committee.

Ojienda requested the magistrate not to violate the provisions of Article 149 or provisions of Section 62 (6) of the EACC Act when imposing bail.

He said Waititu should not be limited from visiting his office or executing his responsibilities as governor.

Ojienda urged the court not to impose a condition that will interfere with the exercise and duty and functions of Kiambu as the governor.

"This court can't turn itself into an electorate and end Waititu's terms prematurely because he is facing fraud charges. This court should not be used as an instrument to create a wedge on the rights people have conferred," he said.

Ojienda said the functions of a deputy governor are limited by the Constitution itself and County Government Act.

He said the deputy only acts upon delegation so that any action limiting the function of office of governor will necessarily interfere with the people of Kiambu.

Ojienda requested that Waititu be released on a bond of Sh4 million and Sh2 million bail.

He also requested Wangari be released on Sh500,000 bail or a bond of Sh1 million.

I'm really wondering how this ruling will be enforced

Bail.