The High Court has certified as urgent an application by former Kiambu Governor Ferdinand Waititu seeking release on bail and has scheduled the hearing for Monday next week.
The court has directed Waititu’s lawyers to serve the State with the application papers by the close of business today, while the State has three days to file its response.
Waititu was jailed last week after being found guilty of corruption alongside his wife and was ordered to pay KSh 53.7 million or serve 12 years in prison.
Yesterday, Waititu, who is currently ailing at the Industrial Remand Prison, pleaded with the High Court to grant him bail pending the outcome of his appeal.
He informed the court that he was unwell and requested to be seen by his doctors due to his deteriorating health condition.
In an application filed this afternoon, Waititu, through his lawyer Danstan Omari, urged the court to grant him bail, arguing that his appeal is arguable. However, he noted that the appeal process could take a long time, making bail necessary.
Waititu maintains that he is aggrieved by the court’s findings and has formally moved to the High Court to appeal the conviction.
Omari emphasized that given the lengthy judicial process, his client’s appeal could take a significant amount of time before determination, justifying the need for his release on bail.
Waititu argues that if he serves part or all of his sentence before the appeal is heard, it would render the appeal meaningless, causing 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 that the court allow him to use the bond security he previously deposited in Nairobi Anti-Corruption Case No. 22 as a continuing bond to secure his release.
Omari asserts that his client is entitled to bail as the appeal raises substantial legal questions that require judicial consideration.
He further argues that Waititu’s release will not interfere with the administration of justice, adding that the former county boss remains committed to abiding by any conditions set by the court.
