Former Kiambu Governor Ferdinand Waititu has suffered yet another legal blow after the Milimani High Court dismissed his second bid for bail pending the determination of his appeal in a Ksh588 million corruption case.
Justice Njuguna’s move to reject Waititu’s bail application comes barely a month after she rejected a similar request from the former governor’s legal team.
In February 2025, Waititu, his wife Susan Wangari, and their business associate Charles Mbuthia were found guilty of looting Sh588 million.
Baba Yao was taken to prison where he was serving his sentence as his legal team worked out a strategy to secure his release.
However, on Thursday, May 8, 2025, Lady Justice Lucy Njuguna struck out the latest application, ruling that it lacked merit.
The court ruling means Waititu and his co-accused would remain in custody pending the hearing of their appeal on the Ksh588 million graft case.
The judge noted that the issues raised in this second attempt should have been presented earlier, as they involved points of law that Waititu’s legal team was already aware of during the initial application.
Waititu’s lawyer, Kibe Mungai, had argued that the High Court could consider multiple bail applications for the same person if circumstances justified it. He claimed that his client’s appeal had strong legal grounds and a high chance of success.
Mungai further stated it would be unjust for Waititu to serve part of his sentence only to later pay the fine if his appeal failed, especially since the Constitution discourages imprisonment for offences punishable by a fine.
The Directorate of Public Prosecutions (DPP), however, firmly opposed the fresh application.
Principal Prosecution Counsel Faith Mwila argued that Waititu had not demonstrated any new or changed circumstances since the court’s initial ruling on March 4, 2025. She maintained that the move was an abuse of court process aimed at delaying the appeal’s determination.
In dismissing the latest plea, Justice Njuguna upheld the DPP’s position, reiterating that the Court of Appeal discourages repeated litigation of the same matter and that courts should not revisit their own decisions on merit.
She also noted that claims of ill health, previously raised by Waititu, were insufficient since prisons are equipped with medical facilities and can arrange outside referrals when necessary.
The judge granted Waititu’s legal team permission to appeal the ruling but emphasized that the matter needed to proceed without unnecessary delays.
The case will be mentioned again on June 18, 2025, for further directions.
Waititu was sentenced to 12 years in prison or a fine of Ksh53 million following his conviction.
The courts on the other hand directed Waititu’s wife to pay a fine of Ksh500,000 or serve a sentence of one year in prison.
He maintains his innocence, insisting that there was no direct evidence linking him to the corrupt dealings involving Testimony Enterprises Limited, the company at the centre of the tender scandal.
