By Tajeu Shadrack Nkapapa
The Director of Public Prosecutions (DPP) Renson Ingonga, has opposed the release of the Ex-Governor, Ferdinand Waititu popularly known as Babayao, on bail pending his appeal before the High Court.
The DPP urged the court to reject Waititu’s bail request, asserting that he was rightfully convicted on charges related to corruption and subsequently sentenced to 12 years in prison or a fine of Ksh. 53 million. Represented by Principal Prosecution Counsel Victor Juma Owiti, the DPP argued that the trial court’s conviction was based on the prosecution’s ability to establish its case beyond a reasonable doubt.
“Former Governor Waititu was properly and lawfully convicted, with all the ingredients of each of the four counts against him established primarily through direct evidence,” Owiti told the court.
The State additionally contended that Waititu’s political career, which has lasted more than two decades, does not constitute a legitimate justification for the approval of bail.
The Director of Public Prosecutions further underscored that there exists no legal provision that offers preferential treatment to individuals due to their status, community obligations, position, or social standing.
“The law treats everyone equally, regardless of their social status or political position. His role as a former Governor is not an exceptional ground to warrant release,” he stated.
Furthermore, the State argued that Waititu had failed to satisfy the legal criteria necessary for the approval of bail while awaiting the outcome of his appeal. The prosecution contended that Waititu had not shown that his appeal possessed a significant likelihood of success, nor had he presented any exceptional or unusual circumstances warranting his release.
The DPP insisted that Waititu was properly convicted and sentenced by the trial court and is currently serving a lawful sentence.
“Waititu had filed an application in the high court seeking bail pending the determination of his appeal against a 12-year prison sentence,” the ODPP said.
“Waititu began serving his jail term two weeks ago after the Milimani Chief Magistrate’s Antic-Corruption Court found him guilty of the offences of Conflict of Interest, and Dealing with Suspect Property,” added the ODPP.
The ODPP further reported that Lady Justice Lucy Njuguna will rule on the bail application on March 3, 2025.