Former Murang'a Mwangi wa Iria has been ordered to pay a cash bail of Sh10 million to secure his release after denying fraud charges levelled against him.
Mr wa Iria was granted an alternative of Sh20 million bond and one surety after denying all charges including conspiracy to defraud the public of Sh351 million, conflict of interest and money laundering.
Chief Magistrate Thomas Nzioki also ordered the former Murang'a County boss to surrender his passport to the court and not to interfere with witnesses in the case.
Mr David Maina Njeri and Solomon Mutura Kimani, the directors of a media consultancy firm that allegedly improperly obtained Sh351,097,491 from the county government for services not rendered, were also charged alongside Mr wa Iria.
“I have considered submissions from counsel and I am convinced that none of the accused persons is a flight risk,” said the magistrate.
The Ethics and Anti-Corruption Commission said it had received a report that the Murang'a County government had irregularly awarded media and publicity tenders to a company called Top Image Consultants for Sh562 million for the 2014/2015 and 2015/2016 financial years.
According to the charge sheet, Wa Iria acquired a direct personal interest in a private contract between Top Image Media Consultant Limited and the Murang'a County government.
The prosecution alleged that the former governor irregularly received Sh31.8 million from Top Image Media.
In the money laundering charge, Mr wa Iria, together with the directors of Top Image Media, entered into an agreement to transfer Sh7.5 million for the purchase of land at Umoja Innercore.
The three also face another charge of money laundering for the purchase of two holiday homes in Nanyuki - Batian 4 and Nellion 88 for Sh10.5 million.
The charge sheet added that Mr wa Iria also used the money to drill a borehole in Mweiga, Nyeri County, at a cost of Sh600,000 and some of the funds were transferred to his spouse's personal bank account and a company called Value View Ltd, where Sh4.2 million was allegedly deposited.
The EACC said the procurement process that led to the signing of the framework agreement between Top Image Media Consultant and Murang'a County Government for media buying and advertising was flawed as the tender was not competitively awarded and the contract was signed before the tender committee's recommendation for award.
The court was told that the money was paid by the county government to Top Image Media to disguise the source of the money.
In arguing for his release on bail, Wiper Party leader Kalonzo Musyoka said the former governor was being politically persecuted.
Mr Musyoka submitted that Mr wa Iria was not only the immediate former governor of Murang'a but also the leader of the Usawa political party, which is a constituent member of Azimio La Umoja-One Kenya.
"Any aggression to a member of a coalition, be it Kenya Kwanza or Azimio, interferes with the multi-party democracy principles," he submitted.
The Wiper Party leader urged the magistrate to "observe and stick to the truth" that Mr wa Iria is being dragged to court 10 years after the alleged offence was committed.
Last week, Mr wa Iria's wife, Jane Kimani, was arraigned at the Milimani Law Courts but did not enter a plea after obtaining an order blocking her prosecution.
