Former Kiambu Governor Ferdinand Waititu’s latest attempt to secure release from prison on bond pending appeal has been dismissed by the High Court. Justice Lucy Njuguna ruled that the court could not revisit its earlier decision, declaring it functus officio, meaning it had already finalized the matter.
Waititu, jailed in February after being convicted in a Sh588 million corruption case and sentenced to 12 years with an option of a Sh53 million fine, had filed a second application for bail. His initial bid had been rejected in March.
Although the court allowed an amendment to his application, Justice Njuguna ruled that the new plea raised issues already addressed in the first application and was therefore without merit. She struck it out and granted Waititu leave to appeal the decision. The case will be mentioned again on June 25.
Waititu argued that he risked unjustly serving part of his sentence if his appeal succeeds and was willing to pay the fine if it fails. His lawyers cited constitutional protections against imprisonment where a fine is an option. However, the prosecution opposed the application, saying no exceptional circumstances had been demonstrated.
