Former Kiambu Governor Ferdinand Waititu will continue serving his 12-year prison sentence after the High Court dismissed his bail application pending appeal. Justice Lucy Njuguna ruled that Waititu had not provided sufficient grounds to justify his release, rejecting his claim that his appeal had a high chance of success.
“It is my finding that the applicants have not met the conditions for bail. The applications are hereby dismissed,” stated Justice Njuguna in her ruling.
The Director of Public Prosecutions (DPP) successfully opposed Waititu’s bail request, arguing that he was lawfully convicted of corruption-related charges and sentenced to either pay a fine of Ksh 53 million or serve 12 years in prison. The court reiterated that prison facilities have adequate medical services and that convicts in need of urgent medical attention are referred to referral hospitals.
Additionally, the court underscored that bail is not an automatic right, emphasizing that an applicant must demonstrate that their appeal is arguable and likely to succeed. Waititu’s concern that the appeal process would take too long was also dismissed, with the court stating that the case diary ensures the appeal will be heard and determined within two months. The High Court scheduled a mention of the case for March 18, 2025, for further directions on the substantive appeal.
Waititu was convicted in a Ksh 588 million corruption case linked to an irregularly awarded road tender. The verdict, delivered by Milimani Chief Magistrate Thomas Nzyoki after a five-year legal battle, followed an investigation by the Ethics and Anti-Corruption Commission (EACC).
His co-accused included his wife, Susan Wangari, businessman Charles Mbuthia Chege, his wife Beth Wangechi, and former Kiambu Roads Chief Officer Luka Mwangi Wahinya. Wangari was fined Ksh 500,000 or sentenced to one year in jail, while all convicts were barred from holding public office for ten years.
The case was prosecuted by Principal Prosecution Counsel Victor Juma Owiti, HSC. This ruling marks a significant step in Kenya’s ongoing efforts to combat corruption and uphold accountability in public office.
