Waititu’s co-appellant tells court his life is at risk in prison, renews bond bid

Co-appellant Charles Mbuthia/HANDOUT

Businessman Charles Chege Mbuthia, a co-appellant in the graft case involving Ferdinand Waititu, has told the High Court that his life is in danger while in prison as he renewed his bid for bond pending appeal.

Through his lawyer, Mbuthia said his health has deteriorated and that he requires specialised medical attention, which he claims cannot be adequately provided within the prison.

He urged the court to review its earlier decision declining to grant him bond, arguing that there has been a material change in circumstances since that ruling.

“We cannot gamble with the life of the appellant when the doctor is stating clearly he needs assistance,” counsel submitted.

In the new application, Mbuthia is seeking to revisit the court’s decision of March 2025, which denied him bond pending appeal.

He was convicted over his role in an irregular tender and sentenced to nine years’ imprisonment. He has since lodged an appeal challenging both the conviction and sentence.

His lawyer told the court that at the time of the earlier ruling, the appeal was expected to be heard and determined within 120 days. However, the defence argued that the timeline was not met and has since been overtaken by events, forming part of the basis for the renewed application.

“This application is being brought more than a year since the previous one was dismissed… the directions given by the court were overtaken by events,” counsel Mutinda said, urging the court to exercise its discretion and revisit the issue of bond.

The defence also maintained that the appeal has high chances of success, citing an audit report that was admitted as additional evidence.

According to the lawyer, the report, commissioned by anti-corruption authorities, shows that the county government did not suffer any financial loss, which he argued goes to the root of the charge of fraudulent benefit.

On health grounds, the defence told the court it had presented a medical report from prison authorities indicating that Mbuthia has Type 2 diabetes and would benefit from treatment in a specialised facility outside prison.

“We have annexed a medical report from prison demonstrating the appellant's life is in danger unless he accesses proper medical facilities… the doctor in charge recommends he would benefit from attending medical facilities outside prison,” counsel said.

The defence argued that the recommendation underscores the seriousness of his condition and urged the court to consider it in determining the application.

The application was opposed by the prosecution, represented by Faith Mwila.

The State argued that Mbuthia had not demonstrated any new or compelling circumstances to warrant a review of the earlier decision.

The prosecution told the court that Mbuthia’s medical condition is not new and predates his conviction. It added that he is receiving treatment in prison and that the correctional system has mechanisms to refer inmates to specialised facilities such as Kenyatta National Hospital where necessary.

Mwila further argued that illness alone does not constitute sufficient grounds for granting bond pending appeal, particularly where it can be managed within the prison system.

On the audit report, the prosecution maintained that it does not strengthen the appeal as claimed, arguing that the core issue in the case was fraud, which the report does not address.

“Admission of new evidence only means the court wishes to interrogate new issues, not a higher chance of success,” she submitted.

The State also rejected the claim that delays in hearing the appeal amount to a change of circumstances, maintaining that the earlier denial of bond was based on failure to meet the legal threshold.

In a brief rejoinder, the defence reiterated that the court had set timelines for disposal of the appeal, which were not met, and maintained that the medical report recommends external treatment.

Justice Rose Ougo is expected to deliver a ruling on May 19, 2026.