Former Kiambu Governor Ferdinand Waititu on Monday put up a spirited fight in a bid to be granted bail pending his appeal, urging the court to give him temporary freedom while he awaits the outcome of his appeal.
Through his lawyers, led by Danstan Omari, Sam Nyaberi, and Shadrack Wambui, Waititu, who has been in custody for a little over a week, pleaded with the judge to release him on bail.
He argues that his appeal is arguable as Chief Magistrate Thomas Nzioki of the Milimani Anti-Corruption Court in Nairobi erred in law and fact in convicting him.
According to Waititu, the trial court made a grave error, and on that ground, he sought to be released so he could pursue his appeal while outside prison.
Further, Waititu claims that his health has been deteriorating and has pleaded with the court to grant his application for release on bond to seek quality medical care.
However, State Counsel J.V. Owiti opposed the application, stating that there are no overwhelming chances of his conviction and sentencing appeal succeeding in the High Court. He urged the court to disregard the application for his release.
Owiti said Waititu lost his constitutional presumption of innocence under the law on the very day he was convicted by Magistrate Thomas Nzioki.
In the case, Waititu moved to the High Court seeking to overturn his 12-year prison sentence after the Anti-Corruption Court convicted him and sentenced him to pay a fine of Sh53.5 million or serve 12 years in prison for conflict of interest in a Sh588 million graft case.
His co-accused, Charles Chege, who was convicted alongside his wife, Beth Wagechi Mburu, for engaging in fraudulent practices in procurement, was fined Ksh297.5 million or, in default, sentenced to 11 years in prison. They have also appealed the sentence.
