Former Kiambu Governor Ferdinand Waititu has faced a major legal setback after the High Court rejected his bail application pending an appeal of his conviction in a KSh 588 million road tender corruption case. Justice Lucy Njuguna of the Anti-Corruption High Court ruled that Waititu, alongside co-convicts former Kiambu Chief Officer of Roads Charles Chege and businessman Wahinya, failed to provide compelling reasons for bail. The court dismissed their claim that the appeal process would be unduly delayed, assuring a prioritised resolution within two months.
Waititu’s conviction came on February 12, when Chief Magistrate Thomas Nzyoki sentenced him to either pay a KSh 52.7 million fine or serve 12 years in prison. Chege, linked to the fraudulent tender, was ordered to pay KSh 295 million or face nine years behind bars, while Wahinya received a seven-year sentence for abuse of office.
The case originated from an investigation into a road tender awarded to Testimony Enterprises Limited. Prosecutors successfully demonstrated that Waititu pocketed KSh 25.6 million in kickbacks via his company, Saika Two Developers, with some funds traced to Lake Naivasha Resort, co-owned by Waititu and his wife.
Waititu’s legal team, led by Danstan Omari, argued that his health issues, including high blood pressure, necessitated specialised care unavailable in prison. However, the court countered that prison medical facilities were adequate and that inmates requiring advanced treatment could be referred to external hospitals.
Director of Public Prosecutions Renson Ingonga opposed the bail request, asserting that Waititu’s conviction rested on robust evidence. The court further noted that bail is not an automatic right and is only granted if an appeal shows a strong chance of success.
Grounds for Appeal
Waititu’s appeal, supported by 57 grounds, contends that the trial court mishandled evidence and overlooked inconsistencies in the prosecution’s case. He also disputes the alleged link to Lake Naivasha Resort, claiming it was insufficiently proven. For now, Waititu and his co-accused remain in custody.
