Waititu appeals 12-year jail term over Sh588m graft case

Former Kiambu Governor Ferdinand Waititu, who was admitted to hospital, has filed an appeal challenging the decision to sentence him to 12 years in prison over the Sh588 million corruption case 

In his papers filed before the Milimani Anti-Corruption High Court, Waititu has faulted the trial magistrate Thomas Nzyoki for not fully analysing the evidence presented by the prosecution.

His legal team outlines several grounds for appeal, which include claims that the prosecution failed to meet the required standard of proof, the trial court disregarded contradictions in the prosecution's case, and key witnesses were not called to testify.

"The prosecution had failed to establish their case to the required standard of beyond a reasonable doubt," the appeal papers state.

Waititu’s defense team asserts that the court failed to appreciate contradictions in the evidence presented, which created reasonable doubt about his involvement in the alleged crimes.

 Similarly, Waititu contends that the trial court did not properly weigh the evidence presented by both the prosecution and the defense.

He argues that the trial court did not give sufficient attention to his testimony or provide due analysis of his defense insisting that the court’s conclusion was skewed.

 "The trial Court erred in law and in fact by failing to subject the evidence of the prosecution to a test of credibility and admissibility," the appeal states.

One of the core elements of Waititu’s appeal is the contention that the trial court failed to establish a link between him and the Lake Naivasha Resort, a company allegedly involved in the corruption scheme.

 Waititu claims that there was no evidence to substantiate the allegation that he used his position to enrich himself illicitly and that there was no nexus between Lake Naivasha Resort and the Appellant.

Furthermore, Waititu challenges the fairness of the trial itself, claiming that the court showed bias and failed to adhere to principles of fair trial as outlined in the Constitution. 

"The trial Court erred in law and in fact by disregarding its role as a neutral finder of fact and demonstrated bias and partiality to the detriment of the appellant," the appeal reads.

The former governor now wants the high court to set aside the lower court decision. In addition to challenging the conviction, Waititu who is currently admitted at Kenyatta National Hospital (KNH) seeks to be released on bail pending the hearing and determination of his appeal. 

The former governor was admitted to KNH on Friday after his health significantly deteriorated while incarcerated at the Industrial Area Prison. 

Waititu, who had been detained at the Capital Police Station on Wednesday night following his conviction for corruption-related charges, had fallen sick, prompting his legal team to seek his transfer to a hospital.

On Thursday, Magistrate Thomas Nzyoki, during the court session, declined to issue an immediate order to escort Waititu to the hospital, stating that any health issues should be addressed by the prison facility. He was later admitted to KNH.

Waititu’s appeal stems from his conviction for receiving kickbacks from a road contractor in connection with a Sh588 million tender issued by Kiambu County. 

The trial revealed that Waititu, through his company Saika Two Developers, received Sh25.6 million in kickbacks from Testimony Enterprises Limited, the contractor awarded the tender to upgrade roads in various parts of Kiambu County.

In his judgment, Magistrate Thomas Nzyoki found that Waititu, his wife, and others involved in the scheme had used their positions to enrich themselves at the expense of public development. 

Waititu's wife Susan Wangari, who was sentenced over the corruption scandal, has since gained her freedom after she paided the sh 500,000 fine.

However, Waititu and his co-convicts, including former Kiambu County Chief Officer for Roads and Transport Engineer Luka Mwangi Wahinya, and businessman Charles Chege Mbuthia have since started serving their sentences at Industrial Area Remand Prison after they failed to pay the hefty fines imposed on them by the court.

Wahinya was fined Sh21 million or face seven years in prison for the abuse of office related to awarding the tender to an unqualified contractor.

Chege was fined Sh295 million, twice the amount he received from public coffers, or face nine years in prison for the fraudulent acquisition of Sh147 million in public funds and fraudulent procurement practices.