ODPP opposes Waititu's application to be released on bond pending appeal
The prosecutor reminded the court that it is dealing with a convict and sufficient reasons must exist before he can be released on bond pending appeal.
The Office of Director of Public Prosecutions (ODPP) has opposed former Kiambu governor Ferdinand Waititu's application to be released on bond pending the hearing and determination of his appeal seeking to overturn his conviction and set aside the 12-year jail term.
Waititu had made his application through his lawyers Danstan Omari, Sam Nyaberi and Stanley Kinyanjui stating that his appeal has an overwhelming chance of being successful.
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Omari said Waititu is sickly and his health is deteriorating while in prison and urged the High Court to consider his application for bail pending the hearing of his appeal.
But Principal Prosecution Counsel Victor Owiti, who responded on behalf of the ODPP, opposed the application and said Waititu has not met the threshold for bond pending appeal and urged Justice Lucy Njuguna to deny the application.
Owiti said the convictions against Waititu were proper and sound with all the ingredients of each of the four charges in which he was convicted proved on the basis of mainly direct primary evidence.
No overwhelming chance of success
He said the intended appeal has no overwhelming chance of success and the convict had not established any exceptional or unusual circumstances, pleading with the court to throw out the politician's application.
The prosecutor reminded the court that it is dealing with a convict and sufficient reasons must therefore exist before such a convict can be released on bond pending appeal.
"The exercise of this court's discretion to grant bail must be exercised judiciously, and as judicial application of the law to the circumstances of appellant leads to the inescapable conclusion that the application lacks merit and is for dismissal," stated Owiti.
Waititu had deposited a title deed for his parcel of land worth over Sh50 million during the trial at the Anti-Corruption court which jailed him with the option of a Sh53.7 million fine.
His lawyers urged the court to release him on similar terms, maintaining the title deed is still in the custody of the Judiciary and should be his security during the appeal.
Similar cases
They also argued that Waititu is still suitable for the bail and bond terms and urged the High Court to consider releasing him, just like others in his predicament have been released in the past.
They cited the cases of former Samburu governor Moses Lenolkulal who has been released by the High Court in Kibera pending the hearing of an appeal after he was convicted for similar offences, and the case of former Sirisia MP John Waluke who was also granted bond.
The lawyers had told the court to consider that Waititu is a well-known public figure who has engaged in active politics for over 20 years, with a known permanent place of abode and family members all residing within the country.
But in rebuttal, Owiti relied on the ruling of Justice John Onyiengo in Waluke's case where the judge said that there is no law providing for special treatment of certain categories of class of people based on their status, community responsibility, position or social standing.
"What matters is equal treatment of everybody regardless of one's social status or position in society," Onyiengo's decision relied on by Owiti reads.
Owiti urged Justice Njuguna to be guided by that decision in determining Waititu's application.
Justice Njuguna will make a ruling on the application on Monday, March 3, 2025.
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