Former Kiambu Governor Ferdinand Waititu will remain in custody after the High Court rejected his request for release pending an appeal against his 12-year sentence in the Sh588 million corruption case.

Justice Lucy Njuguna ruled that Waititu, along with his co-convicts, former Kiambu Chief Officer for Roads Luka Wahinya and businessman Charles Chege, had failed to meet the necessary conditions for bail pending their appeal. The trio, currently serving their sentences at Industrial Area Remand, had not provided sufficient grounds to justify their release, the judge concluded.

Waititu’s defence team had argued that his health issues, including severe high blood pressure, required urgent medical attention unavailable in prison. They also claimed the appeal process would take too long, worsening his condition. However, Justice Njuguna dismissed these claims, stating that while Waititu’s medical reports indicated various health problems, the prison facilities were equipped to address his needs. She added that prisoners with serious health conditions are referred to external medical facilities when necessary.

In her ruling, the judge emphasised that the right to bail is not automatic and the applicants must convince the court that their appeal is arguable and has a chance of success. She agreed with the Director of Public Prosecutions (DPP), Renson Ingonga, that Waititu’s conviction was based on solid evidence, making bail unjustifiable.

The DPP had opposed the release of the three, arguing that their applications lacked merit. State counsel Victor Owiti stated that Waititu’s conviction was well-supported by the trial evidence and that his history of attending trial hearings did not constitute special circumstances warranting bail.

Waititu and his co-convicts were convicted on February 12, 2025, for their involvement in the fraudulent awarding of a Sh588 million road tender during Waititu’s tenure as governor. The scandal involved kickbacks, with Waititu receiving Sh25.6 million from the scheme. Wahinya was sentenced to seven years for abuse of office, while Chege received nine years or a fine of Sh295 million for fraudulently obtaining Sh147 million.

Waititu’s wife, Susan Wangari, was convicted for using her company, Bienvenue Delta Hotel, to conceal kickbacks, but she secured her release by paying a Sh500,000 fine to avoid a one-year sentence.

In his appeal, Waititu raised 57 grounds, including claims that the prosecution failed to establish its case beyond a reasonable doubt. He also argued that the trial court disregarded contradictions in the evidence and failed to call key witnesses. A central point in his appeal is the claim that the court did not establish a link between him and the Lake Naivasha Resort, allegedly involved in the corruption scheme.

The DPP has also filed an appeal to reinstate three money laundering charges that the trial court acquitted Waititu, his wife, and co-convicts of.

Justice Njuguna assured the applicants that their appeal would be prioritised and heard within two months. The DPP, Waititu, and the defence team have been directed to submit their written arguments before a judgement date is set.