Waititu free after 167 days in jail, but...
Former Kiambu County Governor Ferdinand Waititu at the Milimani Law Court on February 13, 2025.
Former Kiambu governor Ferdinand Waititu has been ordered to get a bank guarantee of Sh53 million to secure his release from jail.
High Court judge Lucy Njuguna reviewed her earlier orders rejecting his application to be released on bail pending determination of his appeal, and directed Waititu to get an “acceptable bank guarantee” for payment of the entire fine he was slapped with after being found guilty of corruption.
The court noted that Waititu had pleaded for his release over his deteriorating health and the constraints caused to the Kenya Prisons, over his continued admission at the Kenyatta National Hospital.
“This court has no reason or any other evidence from the respondent (prosecution) to disprove the report before the court on the medical condition of the applicant, which to this court amounts to new circumstances warranting the court to exercise its decision and review the order that the court made on March 3, 2025,” ruled the judge.
This means that Waititu will be released from jail, pending the hearing of his appeal.
The former Kiambu county boss was convicted on February 14—167 days ago—and sentenced to 12 years in jail, with the option of paying an alternative fine of Sh53 million.
Anti-corruption court chief magistrate Thomas Nzyoki found him guilty of engaging in corruption when he was the Kiambu governor.
The court found Waititu guilty of corruptly receiving Sh25 million from Enterprise Testimony limited, which had been awarded a Sh588 million road tender by the County Government of Kiambu.
Waititu received the money through his two companies while knowing they were proceeds of crime.
His applications to be release on bond were rejected on two occasions. He filed a third application seeking a review of the order, arguing that he was rushed to KNH on May 13 when his condition worsened.
Through his lawyers John Swaka and Kibe Mungai, Waititu said that his life was in danger and that Kamiti Maximum Prison or any other prison facility in the country did not have the capacity to manage his condition.
The lawyer said Waititu had complained of diabetes, hypertension and failing eyesight and also had serious kidney complications and had undergone a series of surgeries.
He said he had an arguable appeal with high chances of success because the prosecution did not table evidence to show that the Kiambu County government lost any money.
Mr Swaka added that the appeal was likely to succeed because the case was inspired by unfounded public theories and politically concocted negative perceptions. He added that during the trial, Waititu faithfully observed the terms and conditions imposed by the court and that he was not a flight risk.
The prosecution opposed his release on bond arguing that there were no medical records to show that he was in critical condition as alleged.
The court also heard that Waititu was examined by a doctor at Kamiti who filed a comprehensive report on his health and access to medication and confirmed that his medical needs were met.
The prosecution added that Waititu was not interested in pursuing the appeal but was engaging in a pattern of repetitive and strategically timed applications aimed at securing his release from custody.
