Former Kiambu Governor Ferdinand Waititu has made a fresh bid for bail, arguing that his conviction in the Sh588 million corruption case lacked sufficient evidence to prove his guilt beyond a reasonable doubt. This marks the second time Waititu is applying for bail pending appeal.
Waititu, alongside his wife Susan Wangari, was convicted in February 2024 for conflict of interest and dealing with suspect property after receiving millions from Kiambu County through a multi-million-shilling road tender. The court subsequently fined him Sh54.5 million or, in default, a 12-year jail term for receiving kickbacks from Charles Mbuthia, a director of Testimony Enterprises Ltd. The company had been awarded the road tender by the county. Other individuals convicted in the case include Testimony’s directors and county roads engineer Luka Wahinya.
In his new filing before the Anti-Corruption High Court, Waititu argues that there is no direct evidence linking the money received by him and his companies to the awarding of the tender to Testimony Enterprises Ltd.
“In the absence of such evidence, my conviction did not meet the necessary standard of proof beyond a reasonable doubt,” Waititu stated in his petition.
Additionally, he claims that trial Magistrate Thomas Nzyuki erred in convicting him on the basis that the funds in Mbuthia’s and Testimony’s accounts were proceeds of corrupt conduct. Waititu further argues that Testimony Enterprises had other funds in its bank account, and the money transferred to him was not necessarily from Kiambu County government.
Waititu’s lawyer, Kibe Mungai, has decried the severity of the sentence, terming it “harsh and oppressive.” He maintains that the continued imprisonment of Waititu would result in a miscarriage of justice.
Waititu has urged the court to grant him bail while awaiting the determination of his appeal.
Justice Lucy Njuguna has directed the Director of Public Prosecutions (DPP) to respond to the supplementary petition within three days. The court has scheduled the matter for hearing on March 26.
