Waititu appeal delayed as court resets hearing date

The Anti-Corruption Court has pushed the hearing of an appeal by former Kiambu Governor Ferdinand Waititu to May 29, after finding that the 120-day timeline earlier set for the matter had lapsed.

The appeal arises from Waititu’s conviction in February 2025 over the irregular award of a Sh588 million road tender in Kiambu County.

The case, which also involves other appellants, had been placed under strict timelines by the trial court to fast-track its determination.

When the matter came up before Justice Rose Ougo on Tuesday, the court noted that the 120-day window issued by Justice Lucy Njuguna was no longer tenable.

Justice Njuguna had directed that the consolidated appeals be prosecuted within 120 days from October 1, 2025, failing which they would stand dismissed.

However, Justice Ougo observed that the timeline had already lapsed, factoring in the court recess period.

She clarified that the earlier orders were intended to ensure that parties filed their written submissions within the set period.

“I had to go through the file, and I noticed that Judge Njuguna ordered the parties on September 17 that all appeals were to be consolidated and prosecuted within 120 days from October 1, 2025, failing which they would stand dismissed,” Justice Ougo said.

The judge further noted that, based on her calculations, the 120-day period expired on February 26, 2026.

Despite this, not all parties had complied with the directive to file submissions within the stipulated time.

In particular, the court pointed out that one of the respondents in the consolidated appeals, businessman Charles Chege Mbuthia, had yet to file his submissions.

Mbuthia is a co-appellant in the case and was convicted alongside Waititu over his alleged role in the tender awarded to Testimony Enterprises Limited.

The delay in filing submissions follows an application by Mbuthia seeking to introduce additional evidence in the appeal.

The application was allowed by Justice Wilfrida Okwany, who ruled that the interests of justice warranted the admission of the new material.

The additional evidence includes an audit report titled “Report of Findings on the Upgrading of Various Gravel Roads to Bituminous Surface in Kiambu County Contracts.”

The court held that the report touches on the same financial transactions under scrutiny and would aid in the fair determination of the appeal.

“The audit report concerns the same financial transactions, and in my view, it is useful in the determination of the appeal. Without consideration of the report, the court risks an incomplete evaluation of the evidence,” Justice Okwany ruled.

In light of these developments, Justice Ougo directed that parties be given additional time to file and exchange their submissions.

The court subsequently scheduled the hearing of the consolidated appeals for May 29, when parties will highlight their submissions.