Waititu's bail application pending appeal hearing to be heard on Monday
He seeks to be released on bond pending the hearing of his appeal, which he filed to overturn his conviction and set aside the 12-year sentence, which carries an alternative fine of Sh53.7 million.
The High Court will on Monday hear former Kiambu Governor Ferdinand Waititu's application to be released on bond pending the hearing and determination of his appeal against his conviction for involvement in the Sh588 million scandal and the accompanying 12-year jail term.
Justice Lucy Njuguna ordered Waititu's lawyers, led by Danstan Omari and Sam Nyamberi, to serve the application and directions to the Office of the Director of Public Prosecutions (DPP) and the Ethics and Anti-Corruption Commission (EACC) immediately.
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The ODPP, which is sued as the respondent in the appeal, must respond without delay. The EACC, listed as an interested party, is also required to respond within the same period.
"The matter dated February 17, 2025, is certified as urgent. The applicants (Waititu's lawyers) must serve the respondent (DPP) with the application before the close of business today. The respondents must file and serve their responses within three days of service. The applicants are granted leave of two days to submit further affidavits if necessary," reads the court's directions.
Waititu has appealed against the judgment in which he was found guilty of conflict of interest, in contravention of the Anti-Corruption and Economic Crimes Act (ACECA) of 2003.
He seeks to be released on bond pending the hearing of his appeal, which he filed to overturn his conviction and set aside the 12-year sentence, which carries an alternative fine of Sh53.7 million.
His lawyers argue that he did not breach the bail and bond conditions set by the lower court and consistently appeared in court whenever required.
Omari stated that Waititu had deposited a title deed for a property worth more than Sh50 million to secure his freedom during the trial before Chief Magistrate Thomas Nzioki. That title deed remains in the custody of the judiciary.
The lawyers are requesting that the High Court issue an order allowing the same bond to continue as security for their convicted client’s release.
"It is only fair and in the interest of justice, in line with constitutional norms and legal precedent regarding bail applications pending appeal, that the orders sought herein by the applicant be granted," reads his application.
"The Constitution guarantees the right to liberty, which should be interpreted as broadly as possible to ensure maximum protection."
The politician was also found guilty of dealing with suspect property, specifically millions of shillings deposited into his companies' accounts by a firm unlawfully awarded a tender it did not qualify for. Investigators traced the money trail from the Kiambu County Government to Waititu’s firms.
EACC investigators established that funds were transferred to Waititu’s firms from a company paid to upgrade gravel roads in various sub-counties to bitumen standards.
However, Waititu, who is already serving his sentence at the Nairobi Area Remand and Allocation Prison in the Industrial Area, maintains that his appeal has a high chance of success. He further argues that he does not pose any threat to witnesses in the case, which is now before the appellate court.
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