Blow to Waititu as Court denies him bail
By Zipporah Ngwatu, March 3, 2025The Nairobi High Court on Monday, March 3, 2025, denied the Former Kiambu Governor Ferdinand Waititu bail pending appeal.
Delivering the ruling, Lady Justice Lucy Njuguna stated that the applicant did not meet the conditions to be granted bail.
“It is my finding that the applicant has not met the conditions for grant of bail pending appeal, the application is hereby dismissed,” Lady Justice Njuguna ruled.
In her ruling, Justice Njuguna stated that she concurred with the Director of Public Prosecutions (DPP) submissions that ill health is not enough to warrant the accused bail since all prisons are equipped with health facilities.
“Medical facilities are available for prisoners and the prison is equipped to take care of sick prisoners and if the need arises the prison personnel will seek a referral to other facilities outside the prison like it was done for Waititu when he fell sick,” justice Njuguna ruled.
Lady Justice Njuguna also stated that the record of the appeal was ready and that the anticipation that there might be a delayed hearing of the appeal was overruled.
On February 24, 2025, lawyer Victor Owiti representing the DPP vehemently opposed Waititu’s application to be released on bond pending appeal.
Owiti told the court that the applicant had not met the threshold for the grant of bail pending appeal as sought in the application.
Furthermore, lawyer Owiti argued that there were no unusual circumstances warranting the applicant’s release on bail.
He stated that illness is not an exceptional ground for granting bail, as health clinics are providing medical services to prisoners.
Owiti also noted that Waititu had received medical attention since he fell sick after being incarcerated, adding that diabetes was not a sufficient reason for the applicant to be granted bail.
“Sickness is not an exceptional circumstance and is not a ground for one to be released on bail,” lawyer Owiti told the court.
He further stated that the applicant had been properly convicted and sentenced by the trial court and was, therefore, serving a lawful sentence.
Additionally, he argued that the court’s discretion in granting bail must be exercised judiciously and by the law, leading to the inescapable conclusion that the application lacked merit and should be dismissed.
“It is not enough to allege that the grounds for appeal are overwhelming; we have seen none, and we urge you to find none,” Owiti told the court.
Waititu’s lawyers, however, urged the court to consider that the grounds raised in the bail application were weighty and substantial.
Lawyer Sam Nyaberi asked the court to consider the applicant’s plight, stating that Waititu had been suffering from health issues and that there was no solid reason to keep an ailing person in prison.
“There is no reason to jail a sick person who is unwell and who cooperated during the court proceedings,” lawyer Nyaberi told the court.
He further argued that if the applicant were not granted bail, he would suffer.
Nyaberi also told the court that Waititu could not afford the fines imposed by the Anti-Corruption Court, terming them hefty and stating that he could not raise the amount.
On February 13, 2025, Waititu was sentenced to 12 years in prison or ordered to pay a Ksh53,749,000 fine after being found guilty of corruption-related charges.