Former Kiambu Governor Ferdinand Waititu will remain behind bars after the High Court rejected his request for release on bond while awaiting his appeal. The ruling deals yet another legal setback to Waititu, who was convicted of corruption charges related to kickbacks from a road construction project.
Waititu was sentenced to either pay a hefty Ksh53.5 million fine or serve 12 years in prison after the court found him guilty of receiving over Ksh25 million in bribes from a contractor during his tenure as Kiambu County governor. His co-accused, Charles Chege, received a similar fate, facing either a Ksh295 million fine or an 11-year prison term, while Mwangi Wahinya was sentenced to seven years in jail or a Ksh21 million fine.
On Monday, Justice Lucy Njuguna denied Waititu’s bond appeal, ruling that he, along with Chege and Wahinya, failed to present compelling legal grounds to justify their temporary release while awaiting the outcome of their appeal.
The judge backed arguments made by Director of Public Prosecutions (DPP) Renson Ingonga, whose team—comprising prosecutors Victor Owiti, Vincent Monda, and Faith Mwila—argued that the three appellants failed to raise any substantive legal issues that would warrant court intervention.
Waititu had pleaded for release on medical grounds, claiming he required urgent care for severe high blood pressure, a condition he argued could worsen in prison. However, Justice Njuguna dismissed this argument, stating that prison medical facilities were equipped to handle his condition.
“After reviewing the grounds of appeal and the issues raised in the application, this court is not convinced that the appellants warrant being granted bond at this stage,” she ruled.
Court Orders Appeal Hearing in Two Months
With his request for bail denied, the judge directed both the prosecution and defense teams to file written submissions within two months ahead of the appeal hearing.
“This appeal will be first-tracked and the convicts will not have served a substantial period of their jail terms. The bail application is, therefore, dismissed,” Justice Njuguna added.
Waititu’s appeal is centered on claims that the prosecution failed to meet the required standard of proof and that the trial court disregarded contradictions in the evidence presented. He also alleged that key witnesses were not called to testify.
“The prosecution failed to establish their case beyond a reasonable doubt,” the appeal papers state.
His defense team further argues that the court overlooked inconsistencies in the evidence, which they claim should have cast doubt on his involvement in the alleged crimes. They also contend that the trial court did not adequately evaluate the evidence presented by both the prosecution and defense.
“The trial court erred in law and fact by failing to assess the prosecution’s evidence for credibility and admissibility,” the appeal argues.
As Waititu fights for his freedom, his legal battle continues, with his fate now resting in the hands of the appellate court.