NAIROBI, KENYA- In a significant legal reprieve, the High Court has revised the bail conditions for former Kiambu Governor Ferdinand Waititu, allowing him conditional release pending the hearing of his appeal in a high-profile corruption case.
Delivering her ruling on Wednesday, Justice Winfrida Okwany granted Waititu’s application to review earlier stringent bail terms, setting a new cash bail of Sh20 million.
Alternatively, the court allowed two sureties with property securities valued at not less than Sh30 million each, all subject to verification and approval by the court’s Deputy Registrar.
As part of the revised bail conditions, Waititu has been ordered to deposit his passport with the court until the appeal is heard and determined.
Background to the Reprieve
Waititu was convicted in February 2025 in connection with a Sh588 million graft case, where the court found him guilty of conflict of interest during his tenure as Kiambu County Governor.
He was sentenced to either pay a Sh53.5 million fine or serve 12 years in prison, and barred from contesting for political office for seven years.
Earlier attempts to secure his release on bail were fraught with legal setbacks.
Although he was previously granted a Sh53 million bond secured through a bank guarantee, the former governor struggled to meet those conditions, leading to renewed court applications.
Court’s Rationale
In her ruling, Justice Okwany emphasised that bail terms should not be so onerous as to nullify the very purpose of granting bail, namely, to allow a convicted person to remain free while pursuing an appeal.
The judge noted that Waititu’s inability to secure the bank guarantee effectively kept him in custody, prompting the need for a fair review of his release conditions.
The prosecution, through the Office of the Director of Public Prosecutions (ODPP), had opposed the review, arguing that Waititu had not demonstrated new or exceptional circumstances to warrant the variation of the previous bail terms.
