The High Court of Kenya has revised the bail conditions for former Kiambu Governor Ferdinand Waititu, effectively granting him freedom as he awaits the hearing and determination of his appeal in the Ksh.588 million roads graft case. Waititu’s lawyer, Jeremy Njenga, informed the court that his client had met the newly set conditions. The matter was mentioned before the High Court’s Anti-Corruption and Economic Crimes Division on Thursday morning.
Court Varies Earlier Bail Terms
In a ruling delivered on February 18, 2026, Justice Winfrida Okwany allowed Waititu’s application seeking a review of the earlier bail requirements. The court set new terms requiring a cash bail of Ksh.20 million or, alternatively, two sureties backed by property securities valued at no less than Ksh.30 million each. The securities are subject to verification and approval by the Deputy Registrar. Additionally, Waititu was ordered to deposit his passport in court pending the outcome of his appeal.
Defence Cites Compliance Challenges
Through his legal team, Waititu told the court that he had been unable to secure a bank guarantee that had initially been imposed as part of his release conditions. The defence argued that seven months had elapsed since the earlier ruling and that complying with the bank guarantee requirement had proved difficult. His lawyers maintained that the former governor has consistently attended court sessions and does not pose a flight risk. They urged the court to consider whether the bail terms remained reasonable under the circumstances.
Prosecution Objects
State Counsel Mwamburi, representing the Office of the Director of Public Prosecutions, opposed the application. The prosecution argued that the defence had not met the legal threshold required to warrant a review of the original bail orders. The State further contended that no new or compelling circumstances had been presented to justify altering the conditions. Prosecutors also pointed out that the proposed bail amount had initially featured in earlier applications but was later abandoned before being reintroduced in the latest plea.
Appeal Still Pending
Waititu is appealing his conviction and sentence in the high-profile roads graft case involving Ksh.588 million. The appeal process is ongoing, and the revised bail terms will remain in effect until the matter is fully heard and determined. The case continues to draw public attention as it forms part of broader efforts to address corruption within county governments.
