The High Court rejected an application by former Kiambu Governor Ferdinand Waititu to be released on bond pending hearing and determination of his appeal.
Justice Lucy Njuguna said the applicant had not convinced the court that his appeal had high chances of success. He appeared in court while in a face mask and looking frail on Monday. He has been sick.
She disagreed with Waititu that he ought to be released on bond owing to his ill health.
“The applicants have not met the conditions for bail. The applications are hereby dismissed,” Justice Njuguna ruled.
Waititu has been in jail since anti-corruption court chief magistrate Thomas Nzyoki found him guilty of conflict of interest and dealing with suspect property offences after corruptly receiving millions from Kiambu county through Sh588 million roads tender.
He was given an option of paying a fine of Sh53.7 million or serve 12 years behind bars. The anti-corruption court February 13, sentenced Waititu alongside his wife Susan Wangari and their married couple associates involved in a road business.
He moved to the High Court seeking to be released on reasonable bail and bond terms pending the hearing and determination of the application.
In the petition filed under certificate of urgency, Waititu through his lawyer Danstan Omari argued that his appeal has overwhelming chances of success.
The former governor, who is dissatisfied with the judgement and sentence, alleges that serving his sentence while his appeal is pending would be prejudicial.
Omari claimed that by the time the appeal is determined, Waititu may have already completed a significant portion of his sentence
“The Appellant/Applicant is apprehensive given the time it will take to hear and determine the appeal and the nature of the sentence, if successful, the appeal will be rendered nugatory and the Applicant stands to suffer great prejudice and injustice because he will have served part of the sentence if not the entire sentence,” read the court documents.
“The Applicant is not a flight risk is a well-known public figure engaged in active politics for over 20 years, has a known permanent abode and family members including his nuclear family all resident within the Republic of Kenya.”
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