National News
Waititu seeks to be released on bond pending determination of appeal in High Court
Former Kiambu governor avers that given his advanced age of 62 years, putting him to prison is a threat to his life
Former Kiambu Governor Ferdinand Waititu has filed an appeal against his imprisonment for 12 year for engaging in corruption and is seeking to be discharged on bail or bond pending its hearing and determination.
Through a team of lawyers led by Danstan Omari, Waititu has raised 57 grounds in his appeal to the High Court in the home it set aside the decision by the Anti-Corruption Chief Magistrate’s court on Friday last week that found him guilty and jailed him or in the alternative by a fine of Ksh 53.5 million.
Some of the grounds raised by the lawyers are his health condition where they cited that the former governor has a health challenge and keeping him in the industrial area prison can worsen his condition.
Waititu also avers that given his advanced age of 62 years, putting him to prison is a threat to his life.
Waititu fell ill and was escorted to Kenyatta National Hospital in company of his lawyers for examination where he was examined and referred back to the prison facility where he will continue with treatment.
Other lawyers representing the former governor are Sam Nyaberi, Stanley Kinyanjui and Shadrack Wambui.
Waititu and his wife Susan Wangari were convicted on corruption charges linked to the manipulation of a Sh588 million road construction tender.
Chief Magistrate Thomas Nzyoki, who found the two together with businessman Charles Mbuthia Chege, his wife Beth Wangechi, and former Kiambu Roads Chief Officer Luka Mwangi Wahinya guilty of conspiring to defraud the county government.
The Ksh 588,198,328 tender was awarded to Testimony Enterprises Ltd in February 2018 for road works across several sub-counties in Kiambu.
However, the court found that the tender process was manipulated to ensure Testimony Enterprises, a company with no legitimate qualifications to handle such a large-scale contract, was awarded the project.
Evidence presented in court showed that Waititu received Ksh 25.6 million from Testimony Enterprises via various companies connected to him, including Saika Two Estate Developers, Bienvenue Delta Hotel Ltd., and Lake Naivasha Resort Ltd.
Despite attempts by the defence to argue these transactions were legitimate business dealings, the court ruled otherwise, pointing out that the payments were part of a fraudulent scheme.
Nzyoki dismissed Waititu’s defence that the case was politically motivated.
He noted that the evidence provided, including testimonies from 32 witnesses and 129 pieces of documentary evidence, solidly proved the charges against the accused.
The court noted that the procurement process for the road tender was altered to favour Testimony Enterprises.
