Former Kiambu Governor Ferdinand Waititu’s attempt to secure bail pending appeal has encountered yet another obstacle after the Director of Public Prosecutions (DPP) objected to his latest application.
In its response, the DPP argued that the matter had already been determined by the same court, rendering the renewed request inadmissible under the Rules of Res Judicata, as stipulated in Section 350 of the Criminal Procedure Code (Cap 75).
Two weeks ago, Lady Justice Lucy Njuguna dismissed Waititu’s initial application, ruling that his medical grounds did not meet the legal threshold for bail pending appeal. She also instructed his former legal team—Dunstan Omari, Sam Nyamberi, and Shadrack Wambui—to expedite the main appeal, which she directed should be concluded within two months.
During today’s proceedings, the judge directed Senior Counsel Kalonzo Musyoka, along with lawyers Eugene Wamalwa, Kibe Mungai, Ndegwa Njiru, Wilfred Nyamu, and Jeremy Njenga, to file written submissions in response to the DPP’s objection.
The court is set to rule on April 23 whether Waititu can renew his bond application, with the proceedings taking place virtually.
Waititu was sentenced to 12 years in prison or ordered to pay Ksh. 52.5 million after being found guilty of conflict of interest in a Ksh. 588 million graft case. Additionally, he was barred from contesting for any political seat for seven years.
His wife, Susan Ndung’u, who was also charged in the case, received a one-year prison sentence or an alternative fine of Ksh. 500,000.