The Director of Public Prosecutions (DPP) has opposed the release of former Kiambu Governor Ferdinand Waititu on bail pending appeal, arguing that he should remain in prison while pursuing his appeal.
State Counsel Victor Owiti contends that Waititu has failed to meet the legal threshold for bail, as he was lawfully convicted and sentenced by the trial court and is currently serving a valid sentence.
“The court’s discretion to grant bail must be exercised judiciously. A proper judicial application of the law to the circumstances of this case leads to the inescapable conclusion that the application lacks merit and should be dismissed,” reads the court document.
Owiti further argues that there is no legal provision for granting special treatment based on a person’s status.
The DPP maintains that Waititu’s medical condition is not sufficient grounds for bail.
“The applicant’s claim that he suffers from a combination of severe high blood pressure and diabetes, requiring special care and constant medical attention, cannot be the basis for his release on bail,” the submissions state.
In the case, Waititu has filed an appeal challenging the ruling that sentenced him to 12 years in prison or a Sh52.5 million fine over a Sh588 million graft case.
Through his lawyers, Danstan Omari and Sam Nyaberi, Waititu argues that he is aggrieved by the court’s findings and has moved to the High Court to contest the verdict. In his application, he seeks to be released on bail while the appeal is heard.
“The trial court erred in law and in fact by failing to subject the evidence of the prosecution to a test of credibility and admissibility,” reads the court papers.
