NAIROBI, Kenya – Former Kiambu Governor Ferdinand Waititu will remain at Kamiti Maximum Prison after the High Court dismissed his latest bid to have his Sh53.5 million bail reduced, ruling that he failed to justify changing the terms he had earlier proposed himself.
In its decision, the court said Waititu had voluntarily offered to present a full bank guarantee when applying for release pending appeal and could not now claim inability to meet that condition.
“The applicant 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,” the judges said. “He cannot now turn around and say that he has not been able to meet the terms of the bond.”
Waititu, who was convicted in February 2025 of corruption-related charges involving a Sh588 million road construction tender, is serving a 12-year sentence after failing to pay the Sh53.5 million fine imposed alongside the jail term.
The case, prosecuted by the Ethics and Anti-Corruption Commission (EACC), found the former county boss and four others guilty of irregular procurement and conflict of interest in the award of county road contracts during his tenure.
Second Bail Bid Rejected
This marks the second time this year that the former governor has failed to secure bail. His first application was thrown out in March after the court cited the seriousness of the offence and the risk of absconding.
In July, however, the court allowed him a fresh chance to post bail, on condition that he produce a bank guarantee equivalent to the fine amount.
During his October appearance, Waititu’s lawyer pleaded with the court to vary the terms, arguing that his client was financially strained and undergoing treatment at Kenyatta National Hospital.
The defence requested that the court accept title deeds or reduce the bail to Sh20 million, saying it had proved impossible to obtain the bank guarantee.
The Director of Public Prosecutions opposed the application, insisting that Waititu, as a convict, was no longer entitled to leniency.
“This is a court of law, not mercy. As a convict, Waititu enjoys no presumption of innocence and must meet strict conditions,” the DPP told the court.
Prosecutors also accused the former governor of deliberately delaying his appeal, which was initially scheduled for March 2025 but has yet to be heard.
The High Court noted the slow pace of the proceedings and reminded both parties of its September 17 directive requiring the appeal to be concluded within 120 days from October 1.
“The court has noted with concern the delay on the part of the applicant and his co-appellants in having the appeals finalised,” the judges said.
Freedom Hinges on Bank Guarantee
With the latest ruling, Waititu’s continued stay behind bars now depends on his ability to raise the Sh53.5 million bank guarantee.
Unless he meets that condition, he will remain imprisoned at Kamiti as the appeal proceeds under close judicial supervision.
