Former Kiambu Governor Ferdinand Waititu, currently admitted to Kenyatta National Hospital (KNH) following a severe health crisis, is seeking release on bail pending the hearing of his appeal challenging his 12-year prison sentence in a Sh588 million corruption case.
In an application filed under a certificate of urgency, Waititu, through his lawyer Danstan Omari, argues that his client requires urgent medical attention due to a critical condition of high blood pressure, which demands constant care.
Waititu’s legal team further asserts that continued detention could worsen his condition, posing a severe risk to his health.
“Waititu is likely to suffer if he continues to remain in custody, given his medical condition of violent high blood pressure which needs constant urgent medical care,” Omari stated in the bail application.
He emphasized that denying Waititu bail would infringe on his fundamental right to liberty, which should not be suspended arbitrarily after a conviction.
Omari further argued that Waititu should be granted the opportunity to appeal while on bail, given his long-standing ties to Kenya and his established public figure status, pointing out that Waititu is not a flight risk.
“The Applicant (Waititu) is well known with a permanent abode in the Republic of Kenya,” Omari added.
Waititu’s health had significantly deteriorated while incarcerated at the Industrial Area Prison, prompting his transfer to KNH on Friday.
He has since filed an appeal in the High Court, challenging the trial court’s decision, which sentenced him to 12 years in prison for his role in a Sh588 million corruption scheme.
In the appeal documents, Waititu’s legal team contends that the trial magistrate, Thomas Nzyoki, failed to properly analyze key evidence presented by the prosecution.
Omari’s team claims the prosecution did not meet the required standard of proof and that contradictions in their case were disregarded, including the failure to call key witnesses.
“The prosecution had failed to establish their case to the required standard of beyond a reasonable doubt,” the appeal states.
Furthermore, Waititu’s defense argues that the trial court failed to give adequate consideration to Waititu’s defense testimony, and the evidence presented was not subjected to a proper credibility test.
One of the central arguments in Waititu’s appeal is that the trial court erred in linking him to the Lake Naivasha Resort, a company allegedly involved in the corrupt deal.
He insists that there was no evidence to support claims that he used his position to enrich himself.
“There was no nexus between Lake Naivasha Resort and the Appellant,” he asserted in the appeal.
In addition to challenging the conviction, Waititu’s defense team asserts that the trial itself was unfair.
They argue that the court displayed bias and failed to ensure a neutral environment for the proceedings, violating the principles of a fair trial.
The former governor was convicted for his role in a scheme where he received kickbacks from Testimony Enterprises Limited, a contractor awarded a tender to upgrade roads in Kiambu County.
Waititu, through his company Saika Two Developers, received Sh25.6 million in illicit payments linked to the tender.
The court found that he, his wife, and others involved in the scheme had used their public offices to enrich themselves at the expense of public development.
Magistrate Nzyoki, in his judgment, said, “The tender had been a golden opportunity for Waititu, his wife, and co-convicts to enrich themselves,” noting that the Sh25.6 million was traced to Lake Naivasha Resort, which is co-owned by Waititu and his wife.
The conviction followed testimony from 32 witnesses and documentary evidence linking the fraudulent payments to the awarding of the irregular tender.
Nzyoki concluded that Waititu’s actions amounted to a clear conflict of interest, as he indirectly gained Sh25 million from the corrupt dealings.
While Waititu remains in custody awaiting the appeal, his wife, Susan Wangari, who was also sentenced in the scandal, has since been released after paying a Sh500,000 fine.
However, other co-convicts, including former Kiambu County Chief Officer for Roads and Transport, Engineer Luka Mwangi Wahinya, and businessman Charles Chege Mbuthia, are serving their sentences at Industrial Area Remand Prison after failing to pay the hefty fines imposed on them by the court.
Wahinya, fined Sh21 million for abuse of office, faces seven years in prison if unable to pay.
Chege, fined Sh295 million, faces nine years for the fraudulent acquisition of Sh147 million in public funds.
