On Wednesday, April 23, the High Court allowed former Kiambu Governor Ferdinand Waititu to amend his appeal, which seeks his release on bail.
This new ruling gives Waititu the chance to revise and improve his earlier appeal, as he fights to overturn his conviction and avoid serving a prison sentence for corruption-related charges.
With the court granting this permission, Waititu is now allowed to make several changes to his original appeal.
This includes adding new legal arguments, correcting any mistakes or omissions, updating facts and evidence, and rephrasing his case based on any new developments that have happened since he first filed the appeal.
Although this ruling doesn’t immediately free Waititu or cancel his conviction, it is still a positive development in his legal battle.
The court’s decision to allow him to amend his appeal shows that there might be some merit in his case—at least enough to justify a second look.
It’s a small but important step forward, especially considering that his previous efforts to secure bail had failed.
Just over a month ago, on March 18, Waititu made a fresh attempt to be released on bond. However, High Court Judge Lucy Njuguna ruled that he should remain in custody until April 23, putting his hopes on hold.
Now, with the green light to amend his appeal, Waititu has another chance to present a more compelling and accurate case.
It’s important to note, however, that this latest decision does not mean the court has accepted his arguments or that he will be released.
The amended appeal will still need to be reviewed and judged on its merit. Waititu has a tough legal road ahead, and the outcome remains uncertain.
This is the second time Waititu is appealing—one of his appeals is specifically challenging his jail sentence, and it’s still pending in court. Earlier, the Director of Public Prosecution (DPP) had successfully appealed against Waititu’s initial request for bail, which led to the court denying him release.
In his appeal, Waititu had claimed his health was deteriorating. He said he was suffering from chest pains and high blood pressure, hoping the court would consider his health condition as a reason to release him.
Despite this, the court still ordered him to remain in custody at the Industrial Area Remand Prison.
Waititu’s legal troubles began after he was found guilty of irregularly awarding a tender while serving as the Kiambu County Governor. On February 13, he was sentenced to 12 years in prison or to pay a hefty fine of Ksh53.5 million.
This came after the Milimani Anti-Corruption Court found him guilty of engaging in fraudulent practices while in public office.
As part of the sentence, the court gave him two options: either serve five years in jail or pay a fine of Ksh2.5 million.
On top of that, the court imposed a mandatory fine of Ksh51 million, with failure to pay resulting in an additional seven years in prison.
Waititu’s wife, Susan Wangare, was also implicated in the case. She was fined Ksh500,000 or given the option of serving a one-year jail term.
However, the court ruled that all the prison terms for both Waititu and his wife would run concurrently, meaning they would serve the sentences at the same time rather than separately.
In his ruling, Chief Magistrate Thomas Nzioki stressed that Waititu’s actions could not be ignored or excused.
The court found that his conduct went against the principles of good leadership and accountability, and as such, deserved punishment.
While the recent ruling gives Waititu another chance to fight for his freedom, his legal journey is far from over.
The courts will still have to carefully examine his new arguments and evidence before making any further decisions.
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