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Waititu clears first hurdle in bid to be freed from prison
Former Kiambu County Governor Ferdinand Waititu in a police Land Cruiser at the Milimani Law Court on February 13, 2025.
A judge has allowed former Kiambu Governor Ferdinand Waititu to amend his application seeking to be freed on bond, pending his appeal.
High Court judge Lucy Njuguna ruled that Mr Waititu’s bid to make a renewed application had merit.
She ruled that whereas the Director of Public Prosecution Renson Ingonga had interest in the case, the balance tilted in favour of granting Waititu’s application than dismissing it.
“I have perused the draft appeal and in my considered view, the amendments are material for proper determination of this appeal,” said the judge.
Waititu was sentenced to 12 years in prison for graft. He was ordered to pay a Sh53.5 million fine, in the alternative, after being found guilty of receiving kickbacks of Sh25.6 million from a road contractor during his tenure as the Kiambu County boss.
His earlier application to be freed on bond, pending appeal, was rejected by the court as the judge ruled that his case would be expedited.
Justice Njuguna had rejected the medical grounds advanced by Waititu, saying they were not sufficient for the court to grant him bail.
The judge added that there were medical facilities in prison to address his health challenges.
The DPP had opposed the application arguing that the fresh application was filed without the permission of the court and the bid for his release on bond had already been determined.
The judge said the court has the discretion to allow a party amend pleadings at any stage. However, the court said there are situations when the court can refuse such an application, especially when it is shown that the opposing party will suffer prejudice that cannot be compensated by way of damages.
“I find that the application has merit and allowed,” said the judge as he directed Waititu to file the petition within two days
Waititu was convicted on February 14 by anti-corruption Chief Magistrate Thomas Nzioki for engaging in corruption when he was the governor for Kiambu County.
Testimony Enterprises Limited had been awarded a Sh588 million contract for upgrading various gravel roads to bituminous in Thika, Limuru, Gatundu North, Juja, and Ruiru sub-counties in the 2017/2018 financial year.
The court was informed that Waititu received money through his company – Saika Two Estate Developers ltd – while knowing the money was proceeds of crime.
He was convicted alongside his wife, Susan Wangari Ndung’u, trading as Bienvenue Delta Hotel, on the third count of receiving Sh7.2 million from Testimony Enterprises Ltd with the knowledge that the money was acquired from the county government through corrupt conduct.
His wife was sentenced to one-year imprisonment with the alternative option of paying a Sh500,000 fine for dealing with suspect property.
The court also sentenced former Chief Officer for Roads Luka Wahinya to seven years imprisonment or an alternative fine of Sh21 million for abuse of office.
Mr Charles Chege, the director of Testimony Enterprises Limited, which was irregularly procured in the tender, was sentenced to 11 years with an alternative fine of Sh297 million, while his spouse and co-director, Beth Wangeci, was sentenced to 3 years imprisonment with an alternative fine of Sh1.4 million for engaging in fraudulent practice and fraudulent acquisition of public property.
