The former Kiambu Governor Ferdinand Waititu’s Lawyers led by Advocate Danstan Omari, Nyaberi and Swaka today put on a spirited fight to have Waititu granted bond pending his appeal hearing.
Waititu through his Advocates today pleaded with the High Court to allow an application seeking to have him released pending the hearing and determination of his appeal challenging his conviction and sentencing.
He contends that the trial Court, Chief Magistrate Thomas Nzioki of the Milimani Anti-Corruption Court in Nairobi erred in Law and fact in convicting him.
According to Waititu, the trial Court made a grave error, and it was in that ground that he sought to be released to propel his appeal while outside the prison premises.
Waititu claims that his health has been deteriorating and hence pleaded with the court to allow his application to release him on bond to seek quality medical care.
The prosecution opposed the application stating that there was no overwhelming chances of his conviction and sentencing appeal sailing through the High Court hence the Court should disregard the application to have him released from prison.
According to the DPP, Waititu lost his constitutional presumption of innocence under the law the very day he was convicted by Magistrate Thomas Nzioki.
In the case, Waititu moved to the High Court seeking to overturn his 12 years prison sentence after the Anti-Corruption Court convicted him and sentenced him to pay a fine of Ksh 53.5M or serve the said years in prison for conflict of interest in the Ksh 588M graft case.
His co-accused person, Charles Chege who was convicted alongside his wife Beth Wagechi Mburu for engaging in fraudulent practices in a procurement and fined a total of Ksh 297.5 million in default to serve 11 years in Prison has also appealed the sentence.
The Court will rule on their bail and bond application pending appeal on March 3, 2025.
