Former Kiambu Governor Ferdinand Waititu’s bid for bail pending appeal hit another hurdle after the Director of Public Prosecutions (DPP) objected to his fresh application.
The prosecution argued that the matter had already been decided by the same court, making the renewed request inadmissible under the Rules of Res Judicata, as outlined in Section 350 of the Criminal Procedure Code (Cap 75).
Two weeks ago, Lady Justice Lucy Njuguna dismissed Waititu’s earlier application, ruling that his medical grounds did not meet the legal threshold for release on bail pending appeal.
She also instructed his former lawyers—Dunstan Omari, Sam Nyamberi, and Shadrack Wambui—to expedite the main appeal, which she directed should be resolved within two months.
On Wednesday, the judge directed Senior Counsel Kalonzo Musyoka, along with lawyers Eugene Wamalwa, Kibe Mungai, Ndegwa Njiru, Wilfred Nyamu, and Jeremy Njenga, to file written submissions in response to the DPP’s objection.
This is after they appeared in court in solidarity with Waititu and defended him.
The court is set to rule on whether Waititu can renew his bond application on April 23, with the proceedings taking place virtually.
The former governor was sentenced to 12 years in prison or pay Sh52.5 million after he was found guilty of conflict of interest in a Sh588 million graft case.
Waititu was similarly barred from vying for any political seat for a period of seven years.
Waititu was charged along with his wife, Susan Ndung’u, who was slapped with a one-year imprisonment or pay a fine of Sh500,000.
He has since been moved from Industrial Area prisons to Kamiti Maximum Prison. This was after an undisclosed person accused him of sending him a message deemed threatening while at Industrial Area prisons.
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