Waititu Freed on Sh53 Million Bail Pending Corruption Appeal

Former Kiambu Governor Ferdinand Waititu has been released from prison after the High Court granted him bail pending the outcome of his appeal against a corruption conviction.

The ruling, issued on Thursday, 31 July, allows Waititu to secure his release with a bank guarantee of Sh53 million. Waititu was initially sentenced to 12 years in jail, or a fine of the same amount, in February after being found guilty of receiving illicit payments during his tenure as governor.

Chief Magistrate Thomas Nzyoki of the Anti-Corruption Court convicted Waititu on 14 February for accepting Sh25 million from Enterprise Testimony Ltd, a company awarded a Sh588 million road construction contract. The High Court's decision to revise its earlier stance came after Waititu petitioned for release on medical grounds.

Citing chronic conditions including diabetes, hypertension, kidney complications, and deteriorating eyesight, Waititu argued that his health necessitated a review of the initial order. Justice Lucy Njuguna concurred, saying that the presented medical report constituted new circumstances warranting a review. She highlighted the strain on the Kenya Prisons Service due to Waititu's prolonged hospitalisation at Kenyatta National Hospital.

“The court has no reason or evidence from the prosecution to disprove the medical report presented,” Justice Njuguna affirmed, emphasising the need for judicial discretion in light of evolving health concerns.

Advocate John Swaka, representing Waititu, confirmed that the bank guarantee had been secured as directed by the court. The prosecution opposed the application, accusing the former governor of manipulating the judicial process to delay justice.