DPP opposes bail for Waititu pending his sentence appeal

The Director of Public Prosecutions (DPP) Renson Ingonga has opposed the release of former Kiambu Governor Ferdinand Waititu on bail pending his appeal against his conviction in the Sh588 million corruption case. 

In a detailed submission by State prosecutor Victor Owiti, the DPP argued that Waititu’s conviction was based on solid evidence and that there is no legal basis for granting him bail. 

Waititu, who was convicted and sentenced to 12 years in jail for embezzling public funds during his tenure as the Kiambu Governor, is currently serving his sentence at Industrial Area Prison. 

The prosecutor also urged that the fact that Waititu had attended court during the trial and adhered to bail terms, the gesture should not be seen as an exceptional circumstance in his favour. “Waititu’s history of attending trial hearings and his readiness to comply with any conditions set upon release does not constitute a special circumstance,” Owiti argued.  

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Further, the DPP dismissed Waititu’s argument that his health was deteriorating and required special medical care outside the prison facility. 

Waititu’s defense team led by Sam Nyaberi and Danstan Omari cited his high blood pressure and diabetes as reasons for his need to be granted bail.

However, Owiti asserted that these health concerns were not severe enough to justify releasing him, especially since they had not been raised during his trial. 

Waititu’s defense lawyers contended that their client’s appeal would be rendered meaningless if he served a significant portion of his sentence before it was heard and determined. Waititu has appealed, raising 52 grounds that seeks to quash his conviction and 12 years sentence imposed on him for receiving kickbacks amounting to Sh25.6 million from the controversial road tender in Kiambu county.