The High Court rejected former Kiambu Governor Ferdinand Waititu’s second bail request, delivering another blow to his efforts to secure freedom while appealing his conviction. Justice Lucy Njuguna ruled that the application lacked merit and upheld the decision to keep Waititu in custody.
“I am not persuaded. Given the reasons this court has stated, the application lacks merit and is hereby dismissed,” Justice Njuguna said.
Initially, Waititu and his co-accused sought bail after their conviction on corruption-related charges, including receiving millions in kickbacks from a road tender. However, the court denied his first bail request in March, citing insufficient grounds. In his second attempt, his lawyers argued that new developments, including an amended appeal petition and concerns about his health, warranted reconsideration. Despite these claims, Justice Njuguna maintained that they should have been part of the initial application.
The court emphasized judicial consistency, cautioning against revisiting settled matters without substantial new evidence. Meanwhile, Principal Prosecution Counsel Faith Mwila strongly opposed the bail request, asserting that Waititu had failed to present a compelling reason for his release.
Waititu faced conviction in a Ksh588 million graft case, where the court found him guilty of conflict of interest and receiving illicit funds. Consequently, he received a 12-year prison sentence or the option to pay a Ksh53 million fine. His wife, Susan Waititu, also faced legal repercussions and had to pay a Ksh500,000 fine or serve a one-year prison sentence.
Despite this setback, Waititu still has the option to challenge the ruling at the Court of Appeal. His lawyers insist that the government mishandled his case and argue that his continued detention is unjust.
Delivering her judgment, the magistrate noted that Waititu’s conduct undermined good governance, making leniency unwarranted. The sentencing followed a successful application by the Director of Public Prosecutions (DPP).
