Kalonzo, Wamalwa fail to rescue Waititu as court stays put over custodial sentence

Dr. Stephen Kalonzo Musyoka, Senator Kitonga Maanzo of Makueni County, and Hon. Eugene Wamalwa today appeared before the Milimani High Court to defend former Kiambu Governor Ferdinand Waititu in his ongoing appeal case.

Waititu, also known as Baba Yao, is currently serving time at the Industrial Area Maximum Prison after being convicted on corruption charges involving the misappropriation of Ksh 588 million from the Kiambu County Government during his tenure as governor.

In court, Dr. Kalonzo Musyoka filed an application seeking permission to amend Waititu’s appeal and urged the court to grant Waititu bond while his appeal is being heard.

Kalonzo’s move to stand by his political ally comes even as Kenya’s Chief Justice, Martha Koome, continues to rally all stakeholders to join forces in the fight against corruption — a crisis that has deeply affected Kenya’s progress.

In his appeal, Waititu argues that the prosecution failed to provide sufficient evidence to prove his involvement in the alleged Ksh 588 million graft beyond reasonable doubt. He claims the conviction was based on weak and circumstantial evidence.

Waititu and his wife, Susan Wangari, were found guilty of conflict of interest and involvement in suspect property dealings after allegedly siphoning millions from Kiambu County through a fraudulent multi-million shilling road tender. He was handed a fine of Ksh 53.5 million or, in default, a 12-year prison sentence.

However, in new documents submitted to the Anti-Corruption High Court, Waititu maintains that there is no direct evidence linking him or his companies to the awarding of the tender to Testimony Enterprises Ltd. He further claims that the trial magistrate, Thomas Nzyoki, wrongly convicted him on the assumption that funds in the accounts of Mbuthia and Testimony were the result of corrupt activities.

Corruption in Kenya remains a significant challenge, with many referring to it as a cancer that continues to hinder the nation’s development and economic growth.

The High Court is set to deliver its ruling on whether to allow amendments to the appeal on April 23, 2025.