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Former Kiambu governor Ferdinand Waititu/FILE
The Director of Public Prosecutions (DPP) has urged the High Court to deny former Kiambu Governor Ferdinand Waititu’s request for bail pending the appeal of his 12-year prison sentence in the Sh588 million public funds mismanagement case.
Principal Prosecution Counsel Victor Juma told Justice Lucy Njuguna that Waititu has not established any exceptional or unusual circumstances for him to be granted bail.
Juma emphasized that Waititu’s conviction and sentence were properly handed down and that his appeal lacked strong grounds for success.
"Waititu is serving a lawful sentence, and the exercise of this court's discretion to grant bail must be exercised judiciously," said Juma.
Waititu began serving his sentence two weeks ago after a magistrates court found him guilty of conflict of interest and dealing with suspect property offences after corruptly receiving millions from Kiambu County through the Sh588 million roads tender.
He was given the option of paying a fine of Sh53.7 million or serve 12 years behind bars.
He, however, filed an application seeking to be released on bail pending appeal.
He told the court that he is likely to suffer if he continues to remain in custody given his medical condition of violent high blood pressure, which needs constant urgent medical care.
"I believe that the instant appeal has a chance of success and that I will be prejudiced if the sentence is executed," he told the court.
The judge will rule on the same on March 3.