Embattled Kiambu Governor Ferdinand Waititu has sought the intervention of the Appellate Court following the High Court's ruling which barred him from accessing his offices last month.
The county boss has been in problems since his implication in alleged graft dealings alongside his family members, which has since seen his deputy James Nyoro take over his office.
Through his lawyer Prof Tom Ojienda, he now wants the Court of Appeal to overturn the same, arguing that his prevention from office amounts to his total ouster from power.
In his appeal papers, he argues that Justice Ngenye Macharia's ruling, which succeeded a similar one by Milimani Magistrate Lawrence Mugambi, fails to appreciate significance of the twin democratic principles.
Ojienda complains that the judge erred in her ruling.
"She also erred in law and fact in failing to appreciate the significance of the constitutionally protected twin principles of our democratic process, namely separation of powers and due process, which are embedded in the removal process of a governor,” they read.
Waititu is also unhappy with the ruling on grounds that it was based on mere allegations, taking issue with the reasons given while banning him from office.
He argues the mere fact that the court suspects that he might interfere with witnesses, some of whom are working directly under him, is not enough reason to keep him away.
“The learned judge gravely erred in law and fact in failing to appreciate the impact of the order of the trial court barring the appellant from accessing his office by placing unfounded, unproven and unproportionate high credence to inter alia the alleged apprehension of interference with potential witnesses," further reads the papers.
He is further against the release terms he was slapped with and is arguing that Sh15 million cash bail and Sh30 million bond is too much for a crime involving Sh588 million.
Therefore, he wants it reduced to Sh2 million cash bail or a Sh5 million bond.
He has since insisted that he will continue discharging his duties even while outside his office.