Waititu to remain in jail as court rejects bail request in Sh588 million graft case
Waititu, who had cited health concerns as one of the reasons for seeking bail, had argued that his medical condition required urgent and constant attention.
The High Court has rejected an application by former Kiambu Governor Ferdinand Waititu to be released on bail while awaiting the determination of his appeal, ruling that he had failed to present sufficient grounds for his release.
Waititu, who had cited health concerns as one of the reasons for seeking bail, had argued that his medical condition required urgent and constant attention.
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However, in its ruling on Monday, the court dismissed his plea, stating that prison facilities are adequately equipped with medical services and, in the event of a serious condition, inmates are referred to a specialised hospital.
Justice Lucy Njuguna, who presided over the matter, said the right to bail is not automatic and that an applicant must demonstrate that their appeal is arguable and has 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 ruled.
The court also dismissed Waititu's argument that his appeal would take too long to be heard, emphasising that the judiciary's schedule allows for expedited handling of cases.
"The court diary will ensure that the appeal is heard and determined within two months since the main appeal has already been filed," the judge said.
Waititu had filed an appeal challenging last week's ruling by the Anti-Corruption Court, which sentenced him to 12 years in prison or a fine of Sh53.7 million over a Sh588 million graft case involving a roads tender in Kiambu County.
His legal counsel, Danstan Omari, had urged the High Court to grant him a reasonable bond, proposing that the Sh50 million bond he had deposited during his trial be allowed to continue as security for his release.
Omari further argued that Waititu would suffer immensely if he remained in custody due to his medical condition, describing his ailment as violent high blood pressure that required consistent and immediate medical attention.
"I believe that the instant appeal has a chance of success and that I will be prejudiced if the sentence is executed," Waititu had said in his application.
The former governor also accused trial magistrate Thomas Nzyoki of failing to consider his defense adequately, claiming that his evidence was not properly weighed against that of the prosecution before concluding.
Despite these arguments, the High Court directed that the main appeal be heard on a priority basis rather than granting Waititu bail.
He is now set to remain behind bars unless his appeal succeeds.
Lady Justice Lucy Njuguna has directed the case to be mentioned on March 18, 2025, for further directions on the substantive appeals.
The case was prosecuted by Victor Juma Owiti, HSC, Principal Prosecution Counsel.
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