The Lower Eastern Times Opening The Third Eye
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Former Kiambu Governor Ferdinand Waititu has argued that there is insufficient evidence to prove his guilt beyond a reasonable doubt in the Sh588 million corruption case.
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He has filed a second request for bail while pursuing an appeal.
Justice Lucy Njuguna has instructed the Director of Public Prosecutions (DPP) to respond to the supplementary petition within three days before today’s hearing.
In February 2025, the court found Waititu and his wife, Susan Wangari, guilty of conflict of interest and dealing with suspect property after they received millions of shillings in kickbacks through a multi-million road tender from Kiambu County.
The court imposed a fine of Sh54.5 million on Waititu, or a 12-year prison sentence if he fails to pay, for receiving the kickbacks from Charles Mbuthia, a director of Testimony Enterprises Ltd, five years ago. Testimony Enterprises had been awarded the road tender.
Also found guilty were the directors of Testimony Enterprises and road engineer Luka Wahinya.
However, in his new submission to the Anti-Corruption High Court, Waititu claims that there is no direct evidence linking the money he received to the awarding of the tender to Testimony Enterprises Ltd.
“In the absence of such evidence, my conviction did not meet the necessary standard of proof beyond a reasonable doubt,” Waititu argues.
He further contends that Magistrate Thomas Nzyuki made an error by convicting him based on the assumption that the funds in Mbuthia and Testimony’s accounts were obtained through corrupt means.
Waititu has presented these arguments in a supplementary petition as part of his bid for bail pending appeal. This marks his second attempt to secure bail.
His lawyer, Kibe Mungai, asserts that the sentence is overly harsh and oppressive, and that continued imprisonment would lead to a miscarriage of justice that is unlawful and unjustified.
Waititu maintains that the charges against him were flawed and that the trial court failed to consider that Testimony Enterprises had other funds in its accounts, suggesting that the money transferred to him was not necessarily for Kiambu County’s government.
He is now requesting the court to grant him bail while his appeal is being heard.
