The High Court has denied former Kiambu Governor, Ferdinand Waititu Bond pending his appeal.
The ruling means that Waititu will only suffer one fate of remaining in prison until his Appeal is heard and determined.
The High Court Judge, Justice Lucy Njuguna said Waititu did not provide sufficient reasons to prove that his appeal had overwhelming chances of success in the High Court.
On the issue whether Waititu raised any substantial point of law to warrant release on bond pending the hearing of his appeal, the Judge said that there were no sufficient legal point to have waititu released.
According to the Judge, Waititu lost his constitutional right to be presumed innocent the very day he was convicted and sentenced by the trial Magistrate.
“It should be borne in mind that the right to a bond pending an appeal is not a constitutional right and as such not an automatic right as convict loses his right of presumption of innocence the moment, he is convicted…” said Justice Lucy Njuguna.
She also did not agree with Waititu that he ought to be released on bond owing to his ill health.
Waititu has been in jail serving his 12 year-Imprisonment since anti-corruption court chief magistrate Thomas Nzyoki found him guilty of conflict of interest and dealing with suspect property offences after corruptly receiving millions from Kiambu county through Sh588 million roads tender.
He was given an option of paying a fine of sh53.5 million or serve 12 years behind bars.
Earlier, Waititu’s Advocate Danstan Omari had filed an application at the High Court seeking to be admitted to reasonable bond pending the determination of Waititu’s appeal.
He urged the court to allow the bond security he had deposited during trial to be applied as a continuing bond to secure his release.
