Ferdinand Waititu, the former governor of Kiambu County, has been granted a lifeline in his legal battle to overturn a corruption conviction that landed him behind bars.
The High Court in Nairobi has given Waititu permission to amend his appeal, allowing him to introduce fresh evidence and additional legal grounds as he seeks release on bail pending a full hearing.
Waititu, who is serving a 12-year sentence or a fine of KSh52.5 million, was convicted last year of conflict of interest in a public works project valued at KSh588 million. The court also barred him from holding public office for seven years.
In his new application, filed from prison, Waititu claims that new material has come to light that could change the outcome of his case.
Speaking during Wednesday’s hearing, Justice Grace Nzioka said, “The applicant is entitled to exhaust the legal avenues available to him. The amendment is therefore granted.”
Waititu’s initial bid for bail had been rejected earlier this year, with the court assuring his appeal would be prioritised. His legal team now believes the amended filing gives him a better chance.
“The new evidence is significant and speaks to issues that were not fully explored in the initial trial,” said his lawyer, appearing in court on his behalf.
The case stems from procurement irregularities linked to infrastructure projects carried out during Waititu’s term as governor from 2017 to 2019. Investigators alleged he awarded contracts to companies connected to his family, including his wife, Susan Ndung’u, who was also charged.
Mrs. Ndung’u received a one-year sentence or a fine of KSh500,000 after being found guilty of benefiting from public funds.
The Ethics and Anti-Corruption Commission (EACC), which investigated the case, has said it will oppose any move that could undermine the sentence. “This was a clear case of abuse of office,” an official from the EACC told The Nation. “We will continue to defend the integrity of the conviction.”
Waititu, once a populist figure known for his combative politics, has maintained his innocence throughout the proceedings. His supporters argue he is being politically targeted, though no credible evidence has emerged to support that claim.
The case is expected to return to court in May, when the amended appeal will be formally heard.
Until then, the former governor remains behind bars—awaiting a second chance at freedom.
