No relief for Waititu as court upholds Sh53.5m bail demand
National
By
Nancy Gitonga
| Oct 29, 2025
Kiambu Governor Ferdinand Waititu will continue serving his 12-year jail term at Kamiti Maximum Prison after the Anti-Corruption High Court on Wednesday rejected his plea to reduce his Sh53.5 million bail terms pending the hearing of his conviction appeal in a Sh588 million corruption case.
In her ruling, Justice Lucy Njuguna declined to lower the bail terms, noting that Waititu had failed to provide sufficient justification for altering the court’s earlier conditions, which required a full bank guarantee, terms he had initially proposed himself.
“I will not vary those orders. Honestly, I did the best I could based on the material placed before me. You placed material that persuaded me and I was gracious enough to grant those orders,” Justice Njuguna ruled.
Waititu, who has been unable to raise the guarantee, had asked the court to reduce the amount after it last month rejected his bid to have the Sh53.5 million bank guarantee substituted with a cash deposit but Justice Njuguna dismissed the fresh application.
The court had earlier released Waititu on bail after the officers of Kamiti Prison informed the court that the former county boss had been critically ill during his stay at the facility and that it would be proper to have him released on medical grounds.
Justice Njuguna then allowed the request on condition that Waititu deposit a Sh53 million bank guarantee to secure his release.
Today’s ruling marks Waititu’s fourth failed bail bid this year.
In March, May, September, and October 2025, the High Court denied his earlier requests, citing flight risk, the gravity of the offences, and his failure to honour the imposed bail terms.
Waititu, 63, was convicted on February 12 by Chief Magistrate Thomas Nzyoki, who sentenced him to pay a fine of Sh52.7 million or serve 12 years in jail for embezzling public funds during his tenure as Kiambu Governor.
The Ethics and Anti-Corruption Commission (EACC) and the Office of the Director of Public Prosecutions (ODPP) proved allegations of irregular procurement and conflict of interest in the contested tender awards.
In July 2025, the High Court granted a conditional reprieve after Waititu pledged to secure a bank guarantee covering the entire fine amount.
During the October hearing, Waititu’s lawyer pleaded for leniency, citing financial constraints and his client’s hospitalization at Kenyatta National Hospital. The defense sought to substitute the guarantee with title deeds or bonds, or alternatively reduce the cash bail to Sh20 million, arguing that securing the bank guarantee had proven impossible.
But Justice Njuguna dismissed the argument, observing: “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. He cannot now turn around and say that he has not been able to meet the terms of the bond.”
The Director of Public Prosecutions (DPP) 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 that 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 lead to 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 the latest ruling, Waititu’s freedom now hinges on producing the Sh53.5 million bank guarantee. Failure to comply will see him remain incarcerated as his appeal proceeds, a process now under strict judicial supervision to prevent further postponements.
The case stems from investigations into a road tender awarded to Testimony Enterprises Limited, which allegedly paid kickbacks to Waititu through his company, Saika Two Developers.
The court found that Waititu received Sh25.6 million in kickbacks, funds traced to Lake Naivasha Resort, a property co-owned by Waititu and his wife, Susan Wangari.
In his judgment, Magistrate Nzyoki ruled: “The inevitable conclusion is that Waititu is liable for conflict of interest by acquiring an indirect personal interest of Sh25 million from Testimony Enterprises.”
The conviction was based on testimony from 32 witnesses and documentary evidence linking the fraudulent payments to the irregular tender.
Dissatisfied with both the conviction and the sentence, Waititu and two co-appellants have filed appeals, raising over 52 grounds to overturn their conviction.