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Blow to Waititu’s new bid for freedom
Jailed former Kiambu governor Ferdinand Waititu, alias Baba Yao, will spend more time in prison before the High Court decides whether to release him on bond.
This follows an application by Director of Public Prosecutions (DPP) Renson Ingonga, who opposed an application by Waititu and two others to amend their grounds of appeal and renew their release on bond.
Waititu lost his first bid to be released on bond pending appeal after Justice Lucy Njuguna dismissed his application earlier this month, saying the grounds for his release did not meet the legal threshold.
The judge then ordered Waititu to proceed with the main appeal challenging his 12-year sentence.
Waititu was convicted on February 14 of corruption while he was governor of Kiambu County.
Anti-corruption Chief Magistrate Thomas Nzioki found Waititu guilty of corruptly receiving Sh25 million from Testimony Enterprises Limited, which had won a Sh588 million road tender from the Kiambu County government.
The court was told that Waititu received money through his two companies knowing that the money was proceeds of crime.
When Waititu applied to be released on bond, Justice Njuguna rejected his application, saying he could not be released on medical grounds.
The judge said the prison had a clinic that could deal with Waititu's medical problems.
Having lost his first attempt, Waititu has now engaged Senior Council Kalonzo Musyoka and lawyers Eugene Wamalwa, Kibe Mungai, Ndegwa Njiru and Wilfred Nyamu to seek his release on bond pending appeal.
However, the DPP has vehemently objected to Waititu's renewed attempt to be released on bond on the grounds that the matter is res judicata (already decided).
Following the DPP's objection, Justice Njuguna ordered all parties to file written submissions to determine whether she will allow Waititu and two others to amend their application.
The judge will rule on Waititu's bond application on 23 April.