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Former Kiambu Governor Ferdinand Waititu secured a small legal win on Wednesday after the High Court allowed him to amend and refile his application for bond as he awaits the outcome of his appeal.
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Waititu has been in prison since February following a 12-year sentence or a fine of Sh53 million handed down by a magistrate’s court after his conviction in a corruption case. His first attempt to secure bond was dismissed in early March by Justice Lucy Njuguna.
In a renewed effort, Waititu’s legal team, led by Kibe Mungai, sought permission to revise their application, a move that was opposed by the Director of Public Prosecutions. However, Justice Njuguna ruled in Waititu’s favor, stating that amending a petition with court approval is permissible.
With the ruling, Waititu can now submit an updated bond application. His legal team was ordered to file the revised petition by Friday, while the prosecution has until Tuesday to respond. A court mention is set for the following day.
In his latest push for release, Waititu argues that remaining in prison while his appeal is pending could result in him serving part of the sentence even if he eventually wins the case. He also reiterated that he’s ready to pay the Sh53.5 million fine if his appeal fails.
Waititu’s lawyers argue that the potential of serving time for a sentence that might be overturned presents exceptional circumstances warranting bond. They also contend that the Constitution disfavors imprisoning individuals where fines are an available alternative.
The former governor maintains he is not a flight risk, citing his status as a prominent public figure with a permanent residence, and insists his appeal stands a strong chance of success.
