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Jailed Waititu allowed to renew bail application
A judge has allowed former Kiambu Governor Ferdinand Waititu to amend his application seeking to be freed on bond, pending his appeal.
High Court judge Lucy Njuguna ruled that Mr Waititu’s bid to make a renewed application had merits.
The judge further ruled that whereas the Director of Public Prosecution, Renson Ingonga, had an interest in the case, the balance was in favour of granting Waititu’s application rather than dismissing it.
“I have perused the draft appeal and in my considered view, the amendments are material for proper determination of this appeal,” said the judge.
Mr Waititu was sentenced to 12 years in prison for graft.
Mr Waititu was ordered to pay a fine of Sh53.5 million, in the alternative, after he was found guilty of receiving kickbacks of Sh25.6 million from a road contractor during his tenure as the Kiambu County boss.
His earlier application to be freed on bond, pending appeal, was rejected by the court as the judge ruled that his case would be expedited.
Justice Njuguna had rejected the medical grounds advanced by Mr Waititu saying they were not sufficient for the court to grant him bail.
The judge added that there were medical facilities in prison to address his health challenges.
The DPP had opposed the application, arguing that the fresh application was filed without the permission of the court and the bid for his release on bond, had already been determined.
The judge said the court has the discretion to allow a party to amend pleadings at any stage. However, the court said there are situations when the court can refuse such an application, especially when it is shown that the opposing party will suffer prejudice that cannot be compensated by way of damages.
“I find that the application has merit and allowed,” said the judge as he directed Mr Waititu to file the petition within two days, from the date of the ruling.
Mr Waititu was convicted on February 14, by anti-corruption chief magistrate Thomas Nzyoki for engaging in corruption when he was the Kiambu County governor.
Testimony Enterprises Limited was awarded a Sh588 million contract for upgrading various gravel roads to bituminous in Thika, Limuru, Gatundu North, Juja, and Ruiru sub-counties in the 2017/2018 financial year.
The court was informed that Waititu received money through his company- Saika Two Estate Developers Ltd- while knowing the money was proceeds of crime.
He was convicted alongside his wife, Susan Wangari Ndung’u trading as Bienvenue Delta Hotel, on the third count of receiving Sh7.2 million from Testimony Enterprises Ltd with the knowledge that the money was acquired from the county government through corrupt conduct.
His wife was sentenced to one year’s imprisonment or pay a fine of Sh500,000 for dealing with suspect property.
The court had also sentenced former Chief Officer for Roads, Luka Wahinya, to seven years imprisonment or pay a fine of Sh21 million for abuse of office.
Mr Charles Chege, the director of Testimony Enterprises Limited, which was irregularly procured in the tender, was sentenced to 11 years or pay a fine of Sh297 million while his spouse and co-director, Beth Wangeci, was sentenced to 3 years imprisonment or a fine of Sh1.4 million for engaging in fraudulent practice, and fraudulent acquisition of public property.
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