Ailing Waititu to remain in remand after High Court denied him bail pending appeal
Justice Lucy Njuguna ruled that Waititu had not provided sufficient grounds to warrant his release, dismissing his argument that his appeal had a high chance of success
Ailing former Kiambu governor Ferdinand Waititu will continue serving his 12-year jail term at the Industrial Area Prison after the High Court denied him bail pending appeal citing insufficient grounds in his application.
While delivering the ruling, Lady Justice Lucy Njuguna stated that the applicant did not meet the conditions to be granted bail.
“It is my finding that the applicant has not met the conditions for grant of bail pending appeal, the application is hereby dismissed,” Lady Justice Njuguna ruled. In her ruling, Justice Njuguna stated that she concurred with the Director of Public Prosecutions (DPP) submissions that ill health is not enough to warrant the accused bail since all prisons are equipped with health facilities.
Justice Njuguna ruled that Waititu had not provided sufficient grounds to warrant his release, dismissing his argument 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,” Justice Njuguna stated.
The Office of the Director of Public Prosecutions (ODPP) successfully opposed Waititu’s bail application, arguing that he was lawfully convicted for corruption-related charges and sentenced to pay a fine of Sh53million or serve 12 years in prison.
The court emphasised that prison facilities are equipped with medical services and that, in case of serious health issues, convicts are referred to a referral hospital.
It also ruled that the right to bail is not automatic and that an applicant must demonstrate that their appeal is arguable and likely to succeed.
Waititu had also argued that his appeal process would take too long, but the court dismissed this concern, stating that the case diary ensures the appeal will be heard and determined within two months.
Instead, the court directed that the main appeal be heard on a priority basis and scheduled a mention of the case for March 18, 2025, for further directions on the substantive appeal.
The former governor had filed an appeal challenging the lower court ruling, which sentenced him over a Ksh.588 million corruption case.
He was convicted of graft in relation to an irregularly awarded road tender.
Milimani Chief Magistrate Thomas Nzyoki delivered the verdict after a five-year legal battle investigated and prosecuted by the Ethics and Anti-Corruption Commission (Eacc).
Waititu’s 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 ordered to pay a fine of Sh500,000 or face one year in jail. The court also barred all the convicts from holding any public office for ten years.
The case was prosecuted by Victor Juma Owiti, HSC, Principal Prosecution Counsel.
This ruling reinforces Kenya’s ongoing efforts to combat corruption and uphold accountability in public office.
