The High Court has rejected former Kiambu Governor Ferdinand Waititu's plea to reduce his Sh53.5 million bail terms, dealing another blow to his attempts to secure freedom while appealing his corruption conviction.
The court ruled that Waititu failed to provide sufficient justification for altering the court's earlier conditions requiring a full bank guarantee – terms he had initially proposed himself.
The embattled former governor remains incarcerated at Kamiti Prison, serving a 12-year sentence imposed by a magistrate after he could not pay the Sh53.5 million fine accompanying his conviction.
Waititu and four co-accused were found guilty in February 2025 for their roles in a Sh588 million road construction scandal during his governorship.
The Ethics and Anti-Corruption Commission (EACC) proved allegations of irregular procurement and conflict of interest in the contentious tender awards.
This marks Waititu's second failed bail bid this year. In March 2025, the High Court denied his initial request, citing flight risks and the gravity of the offences.
However, the court conceded in July 2025 after Waititu pledged to secure a bank guarantee covering the entire fine amount.
During October's court appearance, Waititu's lawyer pleaded for leniency, citing financial constraints and his client's hospitalisation at Kenyatta National Hospital.
The defence sought to substitute the guarantee with title deeds or bonds, or alternatively reduce the cash bail to Sh20 million. His advocate argued that securing the guarantee had proven impossible.
“The applicant (Waititu) himself made an offer for a bank guarantee and for him to do so, he must have known what it would entail to procure the guarantee and that, he was ready, able and willing to meet his part of the bargain to procure the same,” observed the court in the ruling.
The Director of Public Prosecutions strongly opposed the application, arguing: "This is a court of law, not mercy. As a convict, Waititu enjoys no presumption of innocence and must meet strict conditions."
Prosecutors accused the former governor of employing delay tactics, noting his appeal – initially scheduled for March 2025 – remains unresolved.
In its ruling, the court referenced its September 17, 2025, order mandating the conclusion of the appeal within 120 days from October 1, 2025, warning that further delays could result in dismissal.
“The court has noted with concern the delay on the part of the applicant and his co-appellants in having the appeals finalized,” stated the court.
With this ruling, Waititu's freedom hinges on producing the Sh53.5 million guarantee. Failure to comply will see him remain incarcerated as his appeal progresses – a process now under strict court supervision to prevent further postponements.
