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Politics

Waititu Denied Bail Again, Court to Decide Fresh Bid in April

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Former Kiambu Governor Ferdinand Waititu has suffered another legal blow after the High Court rejected his renewed bid for bail pending appeal, following objections by the Office of the Director of Public Prosecutions (ODPP).

The prosecution argued that Waititu’s latest request had already been determined by the same court, citing the principle of Res Judicata under Section 350 of the Criminal Procedure Code (Cap 75). This legal rule prevents the same issue from being heard more than once by the same court.

Just two weeks ago, Justice Lucy Njuguna dismissed Waititu’s initial application for bail, ruling that his medical condition did not justify release from custody while his appeal is pending. The judge also directed his previous legal team-Dunstan Omari, Sam Nyamberi, and Shadrack Wambui-to fast-track the appeal process, giving them a two-month timeline for its conclusion.

In a show of support on Wednesday, a team of prominent lawyers including Senior Counsel Kalonzo Musyoka, Eugene Wamalwa, Kibe Mungai, Ndegwa Njiru, Wilfred Nyamu, and Jeremy Njenga appeared in court on Waititu’s behalf. The judge directed them to file written responses to the DPP’s objections.

The court scheduled April 23 for its ruling on whether the former governor can proceed with a renewed bail application. The hearing will be conducted virtually.

Waititu is currently serving a 12-year jail term or a Sh52.5 million fine after being convicted in a Sh588 million corruption case involving conflict of interest. As part of the judgment, he was also barred from holding any public office for seven years.

His co-accused, wife Susan Ndung’u, was sentenced to one year in prison or an alternative fine of Sh500,000.

Following a complaint that he sent a threatening message while detained at Industrial Area Remand Prison, Waititu was transferred to Kamiti Maximum Security Prison.

 

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