Lawyer Donald Kipkorir has asked the court to deny Kiambu Governor Ferdinand Waititu and his wife Susan Ndungu bail following their arrests.
The duo presented themselves separately to the Ethics and Anti-Corruption Commission (EACC) headquarters on Sunday before they were arrested.
In a tweet on Monday, the lawyer said that the two have 'demonstrated the ability to disappear'.
He argued that if the court must award them bail after they were linked to the loss of Sh558 million in the county, then electronics tags should be used to trace their different locations to ensure they don't fail to appear in court.
“Granting of Bail in Court isn’t an absolute right but conditional. Ferdinand Waititu & his wife have demonstrated the ability to “disappear” ... The Anti-Corruption Court should deny them Bail ... If granted, it should be on such onerous terms including electronic tagging,” he tweeted.
Court documents presented by the Director of Public Prosecutions (DPP) indicate that the governor allegedly pocketed part of the cash, which remains unaccounted for.
DPP Noordin Haji has said that he is confident that the accused persons have cases to answer after reviewing their files.
“Having independently reviewed the evidence in the inquiry file and the report, I am satisfied that there is sufficient evidence to sustain charges,” the DPP said, as quoted by Capital FM.