Former Kiambu Governor Ferdinand Waititu will remain behind bars until March 3, 2025, when the High Court will issue its ruling on his bail application pending his appeal against his conviction in the Sh588 million corruption case.
Justice Lucy Njuguna set the ruling date after hearing submissions from both Waititu’s defense team and the Director of Public Prosecutions (DPP), Renson Ingonga, who opposed his release on bail.
Waititu, currently serving a 12-year prison sentence at Industrial Area Prison for embezzling public funds during his tenure as Governor of Kiambu, was convicted on four charges of corruption.
His legal team, led by lawyers Sam Nyaberi, Danstan Omari, and John Swaka, argued that he should be granted bail as his appeal against his conviction is heard.
However, the DPP’s case, presented by state prosecutor Victor Owiti, strongly opposed the idea of granting bail, emphasizing that Waititu’s conviction was based on solid evidence. Owiti argued that there were no special circumstances that would justify releasing Waititu pending his appeal.
“The conviction was well-founded,” Owiti said. “The trial court found that all charges were proved beyond a reasonable doubt, and the evidence presented was clear.”
Owiti further stated that Waititu’s history of attending trial hearings and adhering to bail terms did not constitute an exceptional circumstance that would warrant bail.
He also rejected Waititu’s argument about his health concerns, such as high blood pressure and diabetes, stressing that these issues were not severe enough to justify releasing him from prison.
“The applicant has not demonstrated that his appeal is likely to succeed, nor has he shown any exceptional or unusual circumstances that would justify bail,” Owiti concluded.
In contrast, Waititu’s defense team argued that the former governor’s appeal would be effectively rendered meaningless if he had to serve a significant portion of his sentence before the case was heard.
They also stressed that his health was deteriorating and required urgent medical attention, which could not be provided adequately in prison.
Furthermore, they pointed out that Waititu’s absence would leave his family in a dire financial situation, as he was the sole breadwinner.
They argued that Waititu had deep-rooted ties to the community and was not a flight risk.
Despite these points, the DPP maintained that granting bail pending appeal was a privilege and not an automatic right.
The prosecutor emphasized that the law must be applied strictly and that there were no compelling reasons to release Waititu.
Waititu has filed a formal appeal with 52 grounds, seeking to quash his conviction and the 12-year sentence.
He was found guilty of receiving Sh25.6 million in kickbacks from a controversial road tender in Kiambu County, and convicted on charges of conflict of interest and dealing with suspect property.
