Waititu back in court today to challenge conviction in Sh588 million fraud case
On March 3, 2025, the High Court dismissed an application by Waititu to be released on bond pending the hearing and determination of his appeal.
Former Kiambu Governor Ferdinand Waititu and other individuals convicted in the Sh588 million fraud case are set to appear before the Anti-Corruption High Court today as they seek to overturn their convictions and prison sentences.
On March 3, 2025, the High Court dismissed an application by Waititu to be released on bond pending the hearing and determination of his appeal.
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Justice Lucy Njuguna ruled that the former governor had not demonstrated that his appeal had 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 stated.
Waititu has been behind bars since Anti-Corruption Court Chief Magistrate Thomas Nzyoki found him guilty of conflict of interest and dealing with suspect property. The court ruled that he had corruptly received millions from the Kiambu County government through a Sh588 million road tender.
The former governor was sentenced to 12 years in prison or given the alternative of paying a fine of Sh53.7 million.
The Director of Public Prosecutions (DPP) opposed Waititu’s request for bail pending appeal, arguing that he was lawfully convicted of corruption-related charges and should serve his sentence.
The court also rejected Waititu’s claim that he should be released due to his deteriorating health, stating that prison facilities provide adequate medical services and that convicts with serious conditions are referred to specialized hospitals when necessary.
The ruling further noted that bail is not an automatic right and that an applicant must demonstrate that the appeal is arguable and has a chance of success.
The court dismissed Waititu’s argument that his appeal could take too long to be determined, stating that the judicial calendar would ensure it is heard and concluded within two months.
Lady Justice Njuguna scheduled the case for mention on March 18, 2025, to give further directions on the appeal.
Waititu’s lawyer, Danstan Omari, had earlier asked the court to allow the Sh50 million bond security his client deposited during the trial to remain in place as a continuing bond to secure his release. The defense argued that Waititu was at risk of suffering in custody due to his medical condition, which requires urgent care.
"I believe that the instant appeal has a chance of success and that I will be prejudiced if the sentence is executed," Waititu stated in his plea.
The former Kiambu Governor also claimed that the trial magistrate did not consider his evidence while making the ruling.
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