Waititu granted leave to amend his appeal seeking release on bail
Waititu granted leave to amend his appeal seeking release on bail
The High Court on Wednesday, April 23, granted former Kiambu Governor Ferdinand Waititu leave to amend his appeal seeking to be released on bail.
In the new directive, Waititu has been granted permission to make changes or corrections to his appeal as he aims to secure his release from a jail term after he was convicted of graft.
In that regard, Waititu could then add new arguments or legal grounds, correct errors or omissions, update facts or evidence and reframe the case based on developments since the original filing.
While not a massive win for Waititu, it presents a positive step, especially after the previous court ruling dealt a big blow to the former governor.
On Tuesday, March 18, he filed a fresh application seeking to be released on bond, but High Court Judge Lucy Njuguna ruled that he was to stay in custody until April 23.
Being granted leave to amend his appeal gives Waititu a second chance to present a stronger or more accurate case. It indicates the court sees some merit or at least potential merit in the case, enough to allow a revision.
However, it does not mean the court agrees with the appeal or that the outcome will be favourable. Waititu still faces a bigger battle with the amended appeal to be evaluated on its substance.
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The bail application is the second appeal Waititu has filed, with one against his jail sentence still pending before the courts. The courts had refused to grant him bail after a successful appeal by the Director of Public Prosecution (DPP) opposing his bail request.
In his appeal, Waititu had argued his health was diminishing, complaining of chest pains and high blood pressure, but all this proved futile with Waititu confined to remand at the Industrial Area prison.
On Thursday, February 13, Waititu was sentenced to 12 years in prison or pay a fine of Ksh53.5 million after he was found guilty of unlawfully awarding a tender during his time as Kiambu County boss.
During the judgment, Waititu was sentenced to serve five years in jail or pay a fine of Ksh2.5 million. Additionally, the court imposed a mandatory fine of Ksh51 million in default to serve another seven years in prison.
Milimani Anti-graft Court Chief Magistrate Thomas Nzioki also directed that Waititu’s wife, Susan Wangare, pay a fine of Ksh500,000 or serve a sentence of one year in prison. However, the magistrate directed that the terms would run concurrently.
Further, the magistrate found that the conduct of Waititu could not be forgiven since his acts undermined the tenets of good governance.
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