Former Kiambu County Governor Ferdinand Waititu will remain in prison after the Director of Public Persecution (DPP) on Wednesday, March 26 opposed his fresh bail application.
The DPP opposed Waititu’s bail application arguing that the matter had already been decided by the same court, rendering the renewed request inadmissible under the Rules of Res Judicata, as outlined in Section 350 of the Criminal Procedure Code.
Two weeks ago, Justice Lucy Njuguna rejected Waititu’s earlier application to be released pending an appeal against his 12-year prison sentence (or an alternative of KSh53M) in the KSh588M corruption case.
In her ruling, Justice Njuguna argued that Waititu—and his co-convicts, former Kiambu Chief Officer for Roads Luka Wahinya and businessman Charles Chege—failed to meet the necessary conditions for bail. She ruled that the trio, currently serving their sentences at Industrial Area Remand, had not provided sufficient grounds to justify their release.
At the time, Waititu had outlined his medical grounds, but the court said they did not meet the legal threshold to allow him to be released on bail.
The judge also directed defence lawyers to speed up the main appeal which should be resolved within two months.
Today, the same judge instructed Senior Counsel Kalonzo Musyoka and lawyers Eugene Wamalwa, Ndegwa Njiru, Wilfred Nyamu and Jeremy Ndegwa to file written responses following the DPP’S objection to Waititu’s bail.
Consequently, the court will rule, virtually, on whether Waititu can renew his bond application on April 23, 2025.
The former governor was sentenced for 12 years in prison or pay a fine KSh53 million after he was found guilty of conflict of interest in a KSh588 million graft case.
His wife on ther hand Susan Ndung’u, was slapped with a one-year imprisonment or to pay a fine of KSh500,000.