Former Kiambu Governor Ferdinand Waititu, who is ailing at the Industrial Remand Prison, has pleaded with the High Court to grant him bond pending the outcome of his appeal.
Waititu was jailed last week after being found guilty of corruption alongside his wife and was ordered to pay Sh53.7 million or serve 12 years behind bars.
He had told the court that he was unwell and had even requested at the time to be seen by his doctors due to his health condition.
In an application filed in court this afternoon, Waititu, through lawyer Danstan Omari, has urged the court to grant him bail, saying his appeal is arguable; however, it would take a long time to be prosecuted, hence the need for bail.
Waititu says he is aggrieved by the court’s findings and has consequently moved to the High Court to appeal the decision.
Omari says that given the lengthy judicial process, his client’s appeal could take a significant amount of time before determination, making it necessary for him to be released on bail.
Waititu argues that should he serve a portion or the entirety of his sentence before the appeal is heard, it would render the appeal meaningless and cause him irreparable prejudice and injustice.
“The applicant is apprehensive about the time it will take to hear and determine the appeal. If successful, the appeal will be rendered nugatory, and the applicant will have already served part or all of the sentence,” reads the court papers.
Waititu has requested the court to use the bond security he previously deposited in Nairobi’s Anti-Corruption Case No. 22 as a continuing bond to secure his release.
Omari says his client is entitled to bail as the appeal raises substantial legal questions that require judicial consideration.
He says that Waititu’s release will not interfere with the administration of justice and that the former county boss remains committed to abiding by any conditions set by the court.
