Former Kiambu Governor Ferdinand Waititu has secured a reprieve after spending a year in prison, with the High Court easing bail terms that had kept him incarcerated despite an earlier release order.
The court ruled that the Sh53.5 million bank guarantee imposed in July 2025 had proved unattainable and risked rendering bail ineffective. It allowed Waititu’s request to substitute the guarantee with a Sh20 million cash bail or property-backed sureties.
Waititu was convicted on February 12, 2025, for corruption offenses linked to a Sh588 million road construction tender awarded to Testimony Enterprises.
The trial magistrate court found he received Sh20 million in kickbacks and imposed a fine of Sh53.5 million or, in default, a 12-year prison sentence. He failed to raise the fine and was committed to prison.
In July 2025, the High Court granted him bail pending appeal, citing health concerns and the need for external medical care. However, the court required him to furnish a bank guarantee equivalent to the fine. Seven months later, he remained in custody at Kamiti Maximum Prison.
In January 2026, his lawyers sought a review, arguing that despite reasonable efforts, Waititu could not secure the guarantee, rendering bail meaningless.
“Despite all reasonable efforts, the applicant has been unable to secure a bank guarantee,” his defense team told the court.
As an alternative, Waititu proposed a Sh20 million cash bail or property-backed security. His sister, Esther Njoki Waititu, swore an affidavit stating she owned land valued at Sh55 million and was willing to offer it as security of his freedom from prison.
Waititu’s seven-month detention
Prosecutors objected to the new proposals during submissions, a procedural objection the court acknowledged. However, the judge ruled that the application broadly sought bail variation, leaving discretion to set appropriate conditions.
The prosecution argued that Waititu had not demonstrated new circumstances justifying a review and noted that he had initially proposed the bank guarantee.
Yet, the State conceded in its affidavit: “In the spirit of fairness, the respondent does not oppose the applicant’s admission to bail pending appeal, subject to reasonable and adequate security.”
On Wednesday, the court allowed the review, noting Waititu’s seven-month detention despite bail approval.
“The appellant’s continued incarceration demonstrates his inability to comply with bail terms, amounting to new material consideration,” it ruled.
The court emphasized that bail must be “real and effective,” warning that unattainable conditions could render it illusory.
It stressed that the primary purpose of bail is to secure attendance in court, not to punish. Courts, the judge noted, have consistently held that bail conditions should not be so onerous as to defeat the constitutional objective of preserving liberty pending appeal.
“The deputy registrar retains authority to verify ownership, valuation, and propriety of any proposed security,” the court said, deferring judgment on the property’s suitability.
In its final orders, the court set aside the Sh53.5 million bank guarantee requirement. Instead, Waititu must post Sh20 million cash bail or provide two sureties with property worth at least Sh30 million each, subject to verification. He must also surrender his passport and seek court permission for travel.
The appeal remains unheard. For now, the ruling paves the way for Waititu’s release nearly a year after conviction, as his legal battle continues.
