Waititu smells freedom as court allows him to file fresh bail application pending appeal
In his second application for bail and bond, Waititu has asked the Anti-Corruption High Court to consider that he had been given an option of paying a fine—an option he intends to exercise should his appeal against conviction and sentence fail.
Graft convict Ferdinand Waititu is edging closer to freedom after the High Court allowed him to amend his application for bail and bond pending the hearing of his appeal against his conviction.
Justice Lucy Njuguna of the Anti-Corruption and Economic Crimes Division granted Waititu permission to amend his appeal, paving the way for a fresh application for bail and bond.
More To Read
- Economist Fred Ogolla slams Ruto's economics, calls broad-based govt political gimmick
- Ruto returns Conflict of Interest Bill to Parliament, urges tougher measures on corrupt state officials
- EACC probes Kiambu Governor Wamatangi over Sh230m tender scandal and abuse of office
- Governor Wamatangi arrested moments after his home, office were raided over graft claims
"After considering the submissions from both sides, I found that a petition of appeal may be amended with the leave of the court. The application has merit and is therefore granted," ruled Justice Njuguna.
Waititu is raising legal questions regarding his conviction and is urging the High Court to release him on bond pending the hearing and determination of his appeal.
The High Court has rejected his previous applications for bail pending the appeal hearing.
The former Kiambu governor will, however, continue serving his 12-year jail term as he awaits the court’s determination on his latest request for release on bond.
The politician noted that he had deposited a bond of Sh50 million at the Anti-Corruption Magistrate’s Court during his trial and wishes for it to be considered as security in the current appeal.
The hearing of the appeal is yet to begin, as the matter of bail and bond terms remains unsettled.
In his second application for bail and bond, Waititu has asked the Anti-Corruption High Court to consider that he had been given an option of paying a fine—an option he intends to exercise should his appeal against conviction and sentence fail.
Through his lawyers, Ndegwa Njiru and Kibe Mungai, Waititu argues that it is neither fair nor logical for him to serve part of the sentence only to pay the fine later if the appeal is unsuccessful.
"Taking into account the prohibition in Article 49(2) of the Constitution against remanding in custody a person charged with an offence punishable by a fine only, it should be inferred that the spirit of the Constitution is against imprisonment where an applicant has been sentenced to a term of imprisonment with an alternative of paying a fine," said lawyer Mungai.
"Given that under Article 50(3)(q) of the Constitution, the right of a convicted person ‘to appeal or to apply for review by a higher court as prescribed by law’ is considered an integral part of the right to a fair trial, the need to uphold the applicant’s right to a fair hearing during the appeal process should constitute sufficient reason to justify his admission to bail pending appeal."
The lawyers are expected back in court this Friday, when Waititu will appear for the fresh hearing of his bail and bond application.
Waititu has been in prison since February this year, after he was sentenced to 12 years’ imprisonment or, in the alternative, a fine of Sh52.3 million.
Top Stories Today
