Former Kiambu governor Ferdinand Waititu is yet to get a bank that would guarantee his release from jail over corruption offences related to a Sh588 million roads construction tender, the High Court in Nairobi heard Wednesday.
Waititu’s lawyer Chris Mutuku told the court that despite efforts the jailed politician was yet to procure a bank guarantee for the payment of Sh53.5 million bail to the Judiciary.
Resulting from the said lack of a guarantor the lawyer asked the court to vary and reduce the bail term from Sh53.5 million bank guarantee to a cash bail of Sh20 million. He cited the difficulties in getting a guarantor and the ill health of Waititu.
He, however, did not explain reasons why the over two-month’ search had not yielded a positive outcome though banks typically require collateral or risk assessments for such guarantees.
The lawyer informed the court that his client, who was jailed in February this year to a 12-year imprisonment term or a fine of Sh53.5 million, was sick and was receiving medical care at the Kenyatta National Hospital (KNH).
He wants the court to vary the July 20, 2025 orders where the court admitted Waititu to bail pending determination of his appeal on “condition that he procures an acceptable bank guarantee for the payment of the entire fine of Sh53.5 million to the credit of the court /judiciary”.
A bank guarantee is a financial instrument where a bank promises to pay a specified amount of money to a third party if the bank's customer fails to meet their contractual obligations, in this case if Waititu fails to attend court trial.
The guarantee provides assurance to the beneficiary, in this case the Judiciary, that their losses would be covered if the primary party (Waititu) defaults. It functions as a form of security deposit.
When the appeal was called before Justice Lucy Njuguna for pre-trial, lawyer Mutuku said even if they were yet to procure a guarantor, Waititu was not a flight risk. He consequently asked the court to vary the July 2025.
“We have been unable to procure a bank guarantee as ordered by this court and that is the reason why the appellant is still in custody. He is admitted at KNH receiving treatment,” the lawyer told Justice Njuguna sitting at the Anti-Corruption division. Waititu was admitted at the health facility in May 2025 after falling ill at Kamiti Maximum Prison.
“We would like to be allowed to deposit the money in court but we would also like the bail reduced to Sh20 million cash,” he said in the oral application. He addressed the court during a pretrial of the pending appeal.
However, Justice Njuguna rejected the immediate request but permitted the defense to renew the application.
She stated that the order for deposit of a bank guarantee originated from Waititu’s submission that he could get the same.
“I will not allow the application. In your affidavit you offered a bank guarantee and upon consulting the deputy registrar I was told it was doable. The court granted the application based on your submission.I will not allow,” said the judge.
“You made the offer of bank guarantee and had you left it to the court may be it would have been different”.
She directed the lawyer to renew the application for reduction of the bail amount next week Monday when the case is scheduled for mention.
This, his advocates contended, was an exceptional and unusual circumstance to warrant release from custody.
