Former Kiambu Governor Ferdinand Waititu has secured his freedom after the High Court ordered his release, nearly six months after he was jailed over a graft case involving Ksh588 million.
The court granted Waititu release on a Ksh53 million bond, allowing him to remain out of prison as he pursues an appeal against his conviction.
The former governor had been convicted of graft and misuse of office, but argued in his appeal that the trial court had erred in law and fact in reaching its verdict. The High Court will now consider the merits of the appeal.
On April 23, the High Court granted him leave to amend his appeal, allowing him to revise his initial application seeking bail as he challenged his conviction and sentencing.
In his appeal, Waititu had argued his health was deteriorating, complaining of chest pains and high blood pressure, but all this proved futile, with Waititu confined to remand at the Industrial Area prison before being later transferred.
In February this year, the former county boss was sentenced to 12 years in prison.
Waititu was sentenced to serve 5 years in jail or pay a fine of Ksh2.5 million. Additionally, the court imposed a mandatory fine of Ksh51 million or, in default, another 7 years in prison after he was convicted for irregularly awarding tenders in Kiambu County in February 2018 during his tenure as the County boss.
In addition to the sentencing, he was also barred from holding public office for a period of 10 years.
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.
The former governor has been having run-ins with the prosecutorial agencies over graft allegations since his exit from office in 2019.
Notably, in 2019, the former Kiambu County boss was impeached after 63 Members of the County Assembly voted in favour of his removal. At the time, Ndenderu MCA Solomon Kinuthia tabled the motion, accusing Waititu of engaging in corrupt dealings, gross misconduct, and misuse of office.
