Court frees Waititu on bond, cites his deteriorating health
A Nairobi High Court has granted the former Kiambu County Governor Ferdinand Waititu bond, pending hearing and determination of his appeal.
In her ruling, Lady Justice Lucy Njuguna granted the former County boss a bond of Ksh53 million bond.
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The Judge stated that the court has found his application for bail or bond has merit.
“The orders made on March 3, 2025, are hereby set aside and in it’s place, the applicant (Waititu) is hereby admitted to bond pending hearing and determination of the appeal,” Justice Njuguna ruled.
Further, Justice Njuguna ordered Waititu to procure an acceptable bank guarantee for the payment of the entire fine of Ksh53,500,000 to the credit of the Judiciary.
The court said that the decision came after medical reports indicated that his health was deteriorating.
In the ruling delivered virtually, the court also noted of overwhelming constraints the prison facility has been put through to ensure he is well.
It stated that his continued admission to Kenyatta National Hospital (KNH) is straining the correctional facility.
“The applicant’s exceptional circumstances of his deteriorating health and the constraints his continued admission at KNH is causing the prison facility,” Justice Njuguna ruled.
On March 3, 2025, Justice Njuguna denied Waititu’s first bail attempt pending appeal, stating that the applicant did not meet the conditions to be granted bail.
“It is my finding that the applicant has not met the conditions for the grant of bail pending appeal; the application is hereby dismissed,” Justice Njuguna ruled.
In her ruling, Justice Njuguna stated that she concurred with the Directorate of Public Prosecution (DPP) submissions that ill health is not enough to warrant the accused’s bail since all prisons are equipped with health facilities.
“Medical facilities are available for prisoners and the prison is equipped to take care of sick prisoners and if the need arises the prison personnel will seek a referral to other facilities outside the prison as it was done for Waititu when he fell sick,” Justice Njuguna ruled.
Aggrieved by the ruling, the former County boss filed another application to be released on bail.
However, on May 8, 2025, Justice Njuguna dismissed Waititu’s second bail attempt to be released on bail stating that it lacked merit.
“This court is not persuaded by the applicants and in respect to the present application and for the reasons this court has given, it holds a strong view that the application lacks merit and I struck it out,”Justice Njuguna ruled.
Further, the judge stated that the issues raised in the second bail application, should have been raised in the first application as they are points of law and are within the knowledge of the convict lawyers.
In the second bail application, Waititu had argued that the High Court has powers to entertain more than one application for bail concerning the same person depending on the facts and circumstances.
Notably, the judge stated that the court of appeal bars litigation of law suit for the second time on the same claim or any other claim arising from the same transaction or same series of transactions.
Additionally, she stated that it bars courts from reviewing their own judgements and the importance of not repeating merits of the same.
The DPP strongly opposed the second attempt by the former Kiambu Governor Ferdinand Waititu seeking to be released on bail pending hearing and determination of his appeal after he was convicted with graft.
Through principal prosecution lawyer Faith Mwila on March 26, 2025, DPP argued that in the fresh application, Waititu had not demonstrated a change of circumstances that can lead him to be granted bail pending the appeal hearing.
“The appellant has not demonstrated that there has been a change of circumstances warranting this court to review its orders of March 4, 2025,” read some of the grounds.
Further, the DPP argued that the fresh application offends the hierarchy of courts and that it is a blatant abuse of the court’s process.
Notably, the DPP said that the instant application was also aimed at causing substantial and unwarranted delays in the hearing and determination of the appeal pending before the Honourable Court.
However, the DPP legal team told the court that the applicant could not file a supplementary petition of the appeal but could only amend it.
Waititu was sentenced to serve 12 years in prison or pay a fine of Ksh53 million after being convicted of graft.
