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Post Reply: Former Kiambu Governor Ferdinand Waititu Released on Sh53 Million Bond Pending Appeal

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on July 31, 2025, 9:58 am</div><div id="pl-7354"  class="panel-layout" ><div id="pg-7354-0"  class="panel-grid panel-no-style" ><div id="pgc-7354-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7354-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="1 1 []">Former Kiambu Governor Ferdinand Waititu has been granted release from prison after nearly six months of incarceration, following a High Court ruling that approved a Sh53 million bond to secure his freedom while his appeal is pending. The decision marks a significant development in a high-profile graft case involving Sh588 million, which led to Waititu's conviction earlier this year.</p>
<p dir="ltr">Waititu was convicted on February 12, 2025, by Chief Magistrate Thomas Nzioki of the Milimani Anti-Corruption Court for charges related to fraud, conflict of interest, and dealing with suspect property. The charges stemmed from the irregular awarding of a Sh588 million road maintenance tender in 2018 to Testimony Enterprises Limited, a company linked to Waititu's family. The court found that Waititu, through his company Saika Two Estate Developers Limited and Bienvenue Delta Hotel, received illicit payments totaling over Sh25 million from the contractor, constituting a clear conflict of interest during his tenure as governor. He was sentenced to 12 years in prison or a fine of Sh53.5 million, alongside a 10-year ban from holding public office.</p>
<p dir="ltr">Waititu's wife, Susan Wangari, was also convicted in the same case, facing a one-year prison term or a Sh500,000 fine for dealing with suspect property. Other co-accused, including Testimony Enterprises directors Charles Chege and Beth Wangeci, as well as former county officials, were found guilty of related charges, including abuse of office and fraudulent acquisition of public funds.</p>
<p dir="ltr">Following his conviction, Waititu swiftly filed an appeal, arguing that the trial court erred in both law and fact. His legal team, led by prominent advocates Danstan Omari and Kibe Mungai, sought his release on bond pending the appeal's determination. They cited several grounds, including Waititu's status as a well-known public figure with a permanent residence in Kenya, reducing the risk of flight, and his willingness to pay the Sh53.5 million fine if the appeal fails. They also highlighted his medical condition, claiming that his high blood pressure required urgent and consistent attention not adequately available in prison.</p>
<p dir="ltr">However, the Office of the Director of Public Prosecutions (ODPP) strongly opposed the initial bail applications. Principal Prosecution Counsel Victor Owiti argued that Waititu's convictions were based on robust evidence, including direct proof of corrupt transactions, and that his appeal lacked a high chance of success. The ODPP emphasized that exceptional circumstances were required to grant bond to a convict, a threshold they claimed Waititu failed to meet. On March 3, 2025, High Court Judge Lucy Njuguna rejected Waititu's first bail application, directing that his appeal be expedited instead. A subsequent application was also dismissed, with the court citing the principle of res judicata, as the matter had already been decided.</p>
<p dir="ltr">Undeterred, Waititu's legal team sought permission to amend their appeal to introduce new evidence and arguments. On April 23, 2025, Justice Njuguna granted this request, noting that the proposed amendments were material to the case's determination. This paved the way for a renewed bond application, culminating in the High Court's decision on July 31, 2025, to release Waititu on a Sh53 million bank guarantee, secured by a title deed for a property valued at over Sh50 million, which had been deposited during the initial trial.</p>
<p dir="ltr">The release of Waititu on bond is a significant victory for the former governor, who has maintained that the case against him was politically motivated, a claim dismissed by the trial court. His legal team argued that serving part of the sentence before the appeal's resolution would be prejudicial, especially given the option of paying a fine. The High Court's decision to allow Waititu to remain out of prison pending the appeal underscores the judiciary's careful balancing of individual rights and the public interest in upholding anti-corruption measures.</p>
<p dir="ltr">Waititu's appeal, which challenges the conviction on grounds of procedural errors and insufficient consideration of his defense, is set to be a closely watched case. The outcome could have broader implications for Kenya's ongoing fight against corruption, particularly in high-profile cases involving public officials. The High Court has prioritized the appeal's hearing, with a mention scheduled for further directions, indicating a potential resolution in the coming months.</p>
<p dir="ltr">Waititu, popularly known as "Baba Yao," served as Kiambu County Governor from 2017 until his impeachment in January 2020 by the Kenyan Senate on corruption charges. His political career, spanning over two decades, has included roles as a Member of Parliament for Kabete and an assistant minister for Water Services and Irrigation. Despite his legal troubles, Waititu remains a notable figure in Kenyan politics, having contested the Nairobi gubernatorial seat in 2021 and previously defeated incumbent Kiambu Governor William Kabogo in 2017.</p>
<p dir="ltr">The case has drawn comparisons to other high-profile graft cases, such as those of former Samburu Governor Moses Lenolkulal and former Sirisia MP John Waluke, both of whom secured bond pending their appeals. Public reactions have been mixed, with some viewing the release as a step toward justice for Waititu, while others see it as a potential loophole for influential figures to evade accountability.</p>
<p dir="ltr">As the appeal process unfolds, Waititu's case continues to highlight the complexities of addressing corruption within Kenya's governance structures, with significant attention on the judiciary's role in ensuring fairness and transparency.</p>
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