Waititu to stay long in prison

Jailed former Kiambu Governor Ferdinand Waititu Babayao will stay longer in prison before the High Court determines whether to free him on bond or not.

The Director of Public Prosecutions (DPP) Renson Ingonga filed an application opposing a fresh bid by Mr Waititu and two others to amend their grounds on appeal and a renewal of their release on bond.

Mr Waititu lost his first bid to be freed on bond pending appeal three(3) weeks ago.

Justice Lucy Njuguna early this month--March--rejected an application by Mr Waititu to be released on bond, saying the grounds he raised for his release on bond did not meet the legal threshold.

The judge therefore ordered Mr Waititu to proceed to argue the main appeal.

Justice Njuguna said the serving prisoner did not raise legal issues in his bail application, but majored on facts of the case.

As a consequence, Justice Njuguna directed his former lawyers Danstan Omari, Shadrack Wambui, and Samson Nyaberi to fast-track the main appeal in which Mr Waititu is challenging conviction over corruption and a 12-year-jail term.

Mr Waititu is charged plus the proprietor of Testimony Enterprises Limited (TEL) Charles Chege and a former senior Kiambu County employee.

Others jailed alongside Mr Waititu are contractor Charles Chege, his wife Beth Wangechi and a former Kiambu County employee Luka Mwangi Wahinya.

Mr Chege was fined over Sh294 million, while his wife was ordered to pay a fine of Sh1.4 million or serve two years four months (she paid then released) and Mr Wahinya was slapped with a fine of Sh21 million or serve seven years in default.

Ms Wahinya was convicted for awarding a roads tender to an unqualified company--Testimony Enterprises Limited (TEL)--to undertake the Sh588 million roads projects in Juja, Limuru, Thika, and Kiambu.

All the convicts were barred from holding public offices for a period of 10 years from February 14, 2025.

The three were convicted on February 14, 2025, by anti-corruption chief magistrate Thomas Nzyoki for engaging in corruption when he was the sitting governor of Kiambu.

Mr Nzyoki found Mr Waititu guilty of corruptly receiving Sh25 million from TEL which had been awarded a Sh588 million road tender by the county government of Kiambu during Waititu's tenure.

The magistrate also convicted Mr Waititu for receiving money through his two(2) companies while knowing the money's were proceeds of crime.

When Mr Waititu applied to be released on bond, Justice Njuguna dismissed his application saying he could not be released on medical grounds.

The judge said the prison have health facilities which can address any health challenge.

After losing his first attempt, Mr Waititu has now engaged the services of Senior Counsel (SC) Kalonzo Musyoka, lawyers Eugene Wamalwa, Kibe Mungai, Njiru Ndegwa, Jeremy Njenga, and Wilfred Nyamu to pursue his release on bond pending appeal against the conviction and sentence.

However, the DPP has vehemently objected to the renewed attempt by Mr Waititu to be freed on bond saying the matter is Res judicata (matter has already been decided).

The DPP argues that the judge cannot sit on appeal against her own ruling.

Following the objection by the DPP, Justice Njuguna directed all the parties to file written submissions for determination whether she will allow Mr Waititu and two others to amend their appeals and also review her decision to deny them bond.

Justice Njuguna will deliver a ruling on April 23, 2025, to determine whether to allow Mr Waititu to seek his release on bond afresh and to amend the appeal grounds.

The DPP has also appealed against the judgment of anti-corruption chief magistrate--Mr Nzyoki--to acquit Mr Waititu on charges of money laundering and failing to convict the fraudsters on the charge of conspiracy to commit a felony to defraud the Kiambu County Government Sh588 million in the roads tender scam.