Former Kiambu Governor Ferdinand Waititu will spend more days in police cells after the Director of Public Prosecution opposed his appeal for release on cash bail.
DPP Renson Ingonga on Monday February 24 opposed the release of Waititu pending his appeal before the High Court.
According to the DPP, the politician was lawfully convicted on corruption related charges and sentenced to 12 years in prison or a fine of Ksh. 53 million.
Through Principal Prosecution Counsel, Victor Juma Owiti, the DPP submitted that the trial court convicted Waititu after the prosecution had proved its case beyond any reasonable doubt.
“Former Governor Waititu was properly and lawfully convicted, with all the ingredients of each of the four counts against him established primarily through direct evidence,” Owiti told the court.
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Ferdinand Waititu is not special
The State further argued that Waititu’s political career spanning over 20 years was not a valid reason to grant him bail.
Furthermore, he emphasized that there was no law providing special treatment for individuals based on their status, community responsibility, position, or social standing.
“The law treats everyone equally, regardless of their social status or political position. His role as a former Governor is not an exceptional ground to warrant release,” he stated.
Additionally, the State maintained that Waititu had not met the legal threshold for the grant of bail pending appeal.
The prosecution submitted that Waititu had neither demonstrated that his appeal had overwhelming chances of success nor established any exceptional or unusual circumstances warranting his release.
The DPP insisted that Waititu was properly convicted and sentenced by the trial court and is currently serving a lawful sentence.
Waititu had filed an application in the high court seeking bail pending the determination of his appeal against a 12-year prison sentence.
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Consequently, the DPP appealed the acquittal of Babayao, in a money laundering case.
The appeal came a week after the Nairobi Anti-Corruption Court, on February 13, 2025, acquitted Waititu, a seasoned politician, of money laundering charges
In the appeal filed at the High Court’s Anti-Corruption and Economic Crimes Division, the DPP argues that the trial magistrate erred in both law and fact by acquitting Waititu and his co-accused despite overwhelming evidence presented by the Prosecution on behalf of the Republic.
Corruption Court found him guilty of the offences of conflict of interest, and dealing with suspect property.
Lady Justice Lucy Njuguna is set to rule on the bail application on March 3, 2025.
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