Reprieve for Waititu as court revises bail terms
The High Court has reviewed the bail terms of former Kiambu Governor Ferdinand Waititu and granted him a reprieve pending appeal.
The High Court has reviewed the bail terms of former Kiambu Governor Ferdinand Waititu and granted him a reprieve pending appeal.
Justice Winfrida Okwany on Wednesday allowed the variation, setting bail at Sh20 million in cash, or alternatively, two sureties with property securities of not less than Sh30 million.
“The applicant shall execute a cash bail of Sh20 million or, in the alternative, provide two sureties with property securities of not less than Sh30 million each, subject to strict verification by the Deputy Registrar,” the judge ruled.
Waititu was convicted in February 2025 in a Sh588 million graft case after the court found him guilty of conflict of interest. He was sentenced to either pay a fine of Sh53.5 million or serve 12 years in prison and was further barred from contesting for any political office for seven years.
On July 31, 2025, Justice Njuguna allowed his application and granted him a Sh53 million bond, after two earlier bond applications had been dismissed.
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The court ordered that the bond be secured through a bank guarantee. Waititu, however, moved the court seeking a review of his bail conditions in his graft case, arguing that the previous requirement to secure release through a bank guarantee had become impractical and hindered his ability to comply.
His lawyers filed a certificate of urgency in January 2026, asking the court to allow a cash deposit or property sureties instead so he could be released pending the hearing of his appeal.
The application, however, was opposed by the prosecution, with the Office of the Director of Public Prosecutions (ODPP) arguing that Waititu has not met the legal threshold required to warrant a review of the bond terms already issued.
The DPP maintained that no new or exceptional circumstances have been demonstrated to justify interfering with the earlier court orders.
In her ruling, the judge noted that bail terms must not be so onerous as to defeat the very purpose of granting bail. She also affirmed that the court has the jurisdiction to review bond conditions.
“In the present case, the applicant (Waititu) has remained in custody despite being granted bail pending appeal seven months ago, due to his deteriorating health condition,” the judge observed.
In agreeing to review the terms, she said that his prolonged detention, without the ability to meet the bond terms, clearly demonstrates his inability to comply with them.
Waititu is also required to deposit his passport with the court.
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