A Nairobi High Court Anti-Corruption and Economic Crimes Division has rejected the Directorate of Public Prosecutions’ (DPP) application to dismiss appeals by the former Kiambu Governor Ferdinand Waititu and others in a graft case.

The prosecution was seeking to have the appeals dismissed, arguing that the 120-day timeline that had been set by the court ruling issued 17/9/2025 by Lady Justice Lucy Njuguna for the completion of filing the submissions had elapsed.

Appearing before Lady Justice Rose Ougo on Tuesday, April 14, 2026, Waititu’s lawyer Chris Mutuku informed the court that the timelines set by Judge Njuguna were overtaken by events, including the ruling delivered by Lady Justice Wlifrida Okwany on 5/3/2026, allowing production of new evidence.

Lawyer Chris Mutuku told the court that in her ruling Judge Okwany allowed the applicants to file different applications and also allowed the applicants to produce new evidence in the matter, thereby rendering inapplicable the set time that had been given by the earlier judge.

“My lady, the ruling by Lady Justice Wilfrida Okwany allowing production of new evidence, coupled with the numerous applications filed within the time set by the court, rendered the timelines ineffectual and superfluous” lawyer Mutuku submitted.

DPP’s bid dismissed

In a ruling delivered on Tuesday, April 21, 2026, Lady Justice Ougo has dismissed the application by the DPP seeking the dismissal of the appeals under the 120-day timeline that had been set earlier.

“The application by the prosecution for dismissal of the appeals is hereby dismissed,” Judge Ougo ruled.

Further, the court has granted Charles Mbuthia (appellant in E007), one of the appellants, seven days from Tuesday, April 21, 2026 and the other appellants seven more days to file their supplementary submissions.

Notably, Judge Ougo has also granted the prosecution seven days to file their supplementary submissions, too.

“I will extend the orders; the respondents are to file and serve any written submissions within seven days. The orders are extended to May 6, 2026,” Judge Ougo ruled.