PHOTOS: Kalonzo and Wamalwa in court to help convicted Waititu seek bail
Wiper Party leader Kalonzo Musyoka and his DAP-K counterpart Eugene Wamalwa, alongside a team of prominent lawyers, appeared at the Milimani High Court in Nairobi to seek bail for former Kiambu Governor Ferdinand Waititu.
Taking to his official X account on Wednesday, March 26, 2025, Kalonzo shared photos from the court alongside his legal team, which includes advocates Njiru Ndegwa and Kibe Mungai.
The team is pushing for Waititu’s release as he awaits the hearing of his appeal.
“I’m here at the Milimani High Court, Nairobi, together with Advocates @EugeneLWamalwa, @NjiruAdv, and Kibe Mungai to seek bail for former Kiambu County Governor Babayao pending the hearing of his appeal,” Kalonzo said.
Waititu’s bail bid
On March 18, 2025, Waititu moved to court again, seeking to be released on bail pending a hearing and determination of his appeal after he was sentenced to serve 12 years in prison or pay a fine of Ksh53 million for graft.
His legal representative, lawyer, Kibe Mungai, argued that, as per the grounds listed in the supplementary petition filed on March 11, 2025, there is an overwhelming chance of success for him to be out on bail.
“The appellant’s appeal has numerous substantial points of law that show prima facie the appellant is likely to succeed in his appeal,” part of the application read.
Mungai states that since his client was already convicted, it will be fair for the court to release him on bail under the principle of substantial justice under Article 159(2) of the Constitution.
Additionally, Mungai argues that it is neither fair nor logical for Waititu to serve part of the sentence only for him to pay the fine in the event that his appeal does not succeed.
The convict has the option of paying the fine in lieu of serving the term of 12 years imprisonment if his appeal is not successful, an option he says he will certainly exercise.
Mungai states that it should be inferred that the spirit of the Constitution is against imprisonment where an applicant has been sentenced to serve a jail term with an alternative of paying a fine.
“Taking into account the prohibition in Article 49(2) of the constitution prohibits remanding of a person in custody charged with an offence punishable by fine only,” part of the application read.
Further, he stated that the admission of his client to bail pending appeal is a procedural device for achieving objective justice.
