The High Court has certified as urgent an application by Former Kiambu Governor Ferdinand Waititu seeking to be released on bail, pending the determination of his appeal against a corruption conviction.

Consequently, the court has scheduled the bail hearing for Monday, February 24 to deliberate on the matter.

As part of the court’s directives, Waititu’s legal team has been instructed to serve the State with the relevant court papers by the close of business today. The State, in turn, has been given three days to file its responses before the hearing proceeds.

Waititu, who was convicted last week alongside his wife in a corruption case, was sentenced to either pay a hefty fine of Ksh 53.7 million or serve a prison term of 12 years.

The former governor is currently detained at the Industrial Remand Prison, where he is reportedly ailing. It is in these medical grounds that he pleaded with the High Court to grant him bail as he awaits the outcome of his appeal.

In a formal application filed in court this afternoon, Waititu, through his lawyer Danstan Omari, has emphasized that his case is not only arguable but also likely to take a long time to be fully prosecuted.

Given the potential delays in the judicial process, he asserts that he should be granted bail to avoid unnecessary suffering while his case is pending.

Waititu has expressed deep dissatisfaction with the court’s verdict, stating that he is aggrieved by the findings and has subsequently lodged an appeal at the High Court challenging the decision.

His legal team argues that, due to the complex nature of corruption-related litigation, appeals in such cases can be prolonged, hence the need for his temporary release.

Omari further added that should Waititu serve even a portion of his sentence before the appeal is determined, it would defeat the purpose of seeking justice.

"The applicant is apprehensive about the amount of 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 part of the court papers submitted in support of Waititu’s plea.

Additionally, Waititu has requested the court to consider using the bond security he had previously deposited in Nairobi Anti-Corruption Case No. 22 as a continuing bond to facilitate his release.

His legal team argues that this would serve as a reasonable assurance of his commitment to attending court proceedings as required.

Omari has emphasized that his client is entitled to bail, given that the appeal raises substantial legal questions that merit judicial scrutiny. Furthermore, he reassures the court that Waititu’s release will not in any way interfere with the administration of justice.

The former Kiambu governor has been embattled in a court case over allegations of corruption.

He was arrested and charged in court primarily for his alleged involvement in a scandal involving the irregular award of a KSh 588 million road tender in Kiambu County.

Waititu, alongside his wife Susan and others, faced charges related to conflict of interest, fraud, and abuse of office, stemming from claims that they benefited personally from county contracts.

Source: TUKO.co.ke