Former Kiambu Governor Ferdinand Waititu will remain in jail for another month while his lawyers work to have him released from the law’s grip.
Justice Lucy Njuguna said on Wednesday that she will rule on his application on April 23, deciding whether his fresh bid for bail and supplementary petition will be allowed.
The Judge noted that the next court calendar begins on April 22, emphasising the need for strict compliance from Waititu’s lawyers and Director of Public Prosecutions Renson Ingonga in preparing her ruling.
Waititu’s lawyers, Kibe Mungai and Ndegwa Njiru, argued that it was critical for the court to allow him to file the documents, as they would reveal that he was erroneously jailed.
“My Lady, the applicant in the instant application is seeking admission of the Supplementary Petition of Appeal dated March 11, 2025, which introduces additional grounds of appeal which, according to him, forms part of the basis for his application for bail pending appeal,” argued Kibe.
Waititu, his wife Susan Wangare, and five others were convicted on February 12, 2025, for their involvement in a Sh588 million tender scandal in the Kiambu county government.
According to Kibe and Ndegwa, the magistrate’s court had no powers to convict Waititu as the firm at the centre of the saga, Testimony Enterprises Limited, had validly won the tender.
They argued that by the tendering committee members remaining free or not being charged, the tender remained uncontested and valid.
The two lawyers asserted that the state never called any member of the tender committee as a witness to verify whether Waititu was and had influenced the tender in a bid to benefit.
According to Waititu’s lawyers, the magistrate’s court usurped the powers of the Public Procurement and Administration Review Board, which was the only body meant to determine whether the tender was above board or not.
They also argued that there was no direct evidence linking the money received by Waititu and his companies to the award issued to Testimony Enterprises Limited.
According to Waititu’s lawyers, the case was hurried and done in a biased manner.