The High Court has denied a second attempt by former Kiambu Governor Ferdinand Waititu to secure bail as he awaits the outcome of an appeal in a Ksh588 million corruption case. This decision represents yet another legal setback for the ex-governor, whose case continues to attract significant public interest due to its implications for Kenya’s anti-corruption efforts.
The ruling was issued in response to a fresh application filed by Waititu and his two co-accused, who were seeking temporary release pending the appeal of their conviction. However, the court found no justification to reverse its earlier decision denying bail. The judge emphasized that the applicants had failed to present any new or compelling reasons that would merit reconsideration of their bail status.
The court reiterated the principle that bail is not an automatic right following a conviction, particularly in cases involving grave economic crimes. The judge observed that in such circumstances, the need to uphold judicial integrity and public confidence outweighs the personal freedoms of the convicted individuals.
Waititu, who governed Kiambu County between 2017 and 2020, was found guilty alongside his wife and a county official in connection with the irregular awarding of a road construction tender worth Ksh588 million. The charges included conflict of interest, abuse of office, and money laundering involving public funds.
In their arguments, the defense team insisted that the former governor was not a flight risk and had always complied with court processes. They highlighted his status as a prominent public figure with strong ties to the local community, arguing that his continued detention was unnecessary and unjust. They expressed confidence that the appellate court would eventually overturn the conviction, making the denial of bail even more punitive.
Despite these assertions, the prosecution maintained that the seriousness of the charges and the public interest involved in the case demanded a cautious approach. According to the prosecution, granting bail in such a high-profile matter before the appeal is resolved could be perceived as undermining the broader fight against corruption. They argued that allowing convicted individuals in economic crime cases to remain free during appeals would set a dangerous precedent and erode public trust in the justice system.
The decision means that Waititu and his co-accused will remain behind bars as they await the appeal hearing, which is scheduled to take place later in the year. The outcome of the appeal could potentially overturn or uphold the convictions, but for now, the former governor must serve his sentence while legal proceedings continue.
The case has become emblematic of Kenya’s broader efforts to combat high-level corruption, with many observers viewing it as a litmus test of the country’s commitment to accountability and transparency. Public opinion remains sharply divided, with some expressing sympathy for the former governor and others applauding the judiciary’s firm stance.
As the legal battle moves into the appellate stage, attention will remain fixed on how the courts navigate the balance between individual rights and the national interest in prosecuting corruption. The final outcome could have far-reaching implications for governance, justice, and the rule of law in Kenya.
