The High Court has dismissed an application by former Kiambu Governor Ferdinand Waititu to be released on bond pending hearing and determination of his appeal.
Justice Lucy Njuguna said the applicant had not convinced the court that his appeal had high chances of success.
She also did not agree with Waititu that he ought to be released on bond owing to his ill health.
"It is my finding that the applicants have not met the conditions for bail. The applications are hereby dismissed," Justice Njuguna ruled.
Waititu has been in jail since anti-corruption court chief magistrate Thomas Nzyoki found him guilty of conflict of interest and dealing with suspect property offences after corruptly receiving millions from Kiambu county through Sh588 million roads tender.
He was given an option of paying a fine of Sh53.7 million or serve 12 years behind bars.
The move by the High Court followed a successful application opposing his bail by the Director of Public Prosecutions (DPP).
The DPP had urged the court to reject Waititu’s request for bail pending appeal, insisting he was lawfully convicted for corruption-related charges upon which he was sentenced to pay a fine of Sh53 million or serve the 12 years imprisonment.
Lady Justice Lucy Njuguna directed the case to be mentioned on March 18, 2025, for further directions on the substantive appeals.
The application was opposed by DPP through Prosecution Counsel Victor Juma Owiti.
Earlier, Waititu's Advocate Danstan Omari had filed an application at the High Court seeking to be admitted to reasonable bond pending the determination of Waititu's appeal.
He urged the court to allow the bond security he had deposited during trial to be applied as a continuing bond to secure his release.
It was valued at Sh50 million at the time.
Then, the former Kiambu governor said he was likely to suffer if he continued 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 said then.
Waititu said trial Magistrate Thomas Nzyuki failed to take into account his evidence and did not weigh it against that of the Prosecution in making a just conclusion.
