The Director of Public Prosecution (DPP) has strongly opposed former Kiambu governor Ferdinand Waititu’s application seeking a review of the bond terms requiring him to produce a bank guarantee of Ksh53.5 million.
Background of the Case
Waititu was sentenced to 12 years in prison or ordered to pay a fine of Ksh53,749,000 after being found guilty of corruption-related charges. In March 2025, the Milimani Anti-Corruption Court granted him bond terms tied to the bank guarantee.
On Monday, February 16, 2026, prosecutor Mwamburi appeared before Lady Justice Wilfrida Okwany, filing an affidavit opposing Waititu’s latest application.
DPP’s Position
The DPP argues that the former governor has failed to meet the conditions necessary for a review of the bond terms.
“My lady, we are objecting to the application solely on the ground that the applicant has not satisfied the conditions to warrant the review of the courts issued on March 3, 2025,” prosecutor Mwamburi told the court.
He added that Waititu’s repeated applications lacked substance, noting that the changes cited do not justify a review.
Waititu’s Application
Through his lawyer Christopher Ndolo Mutuku, Waititu filed a certificate of urgency on January 21, 2026, citing frustrations in securing the bank guarantee. Mutuku argued that despite reasonable efforts, his client has been unable to obtain the guarantee for over six months.
The application invokes the doctrine of impossibility, asking the court to substitute the bank guarantee with a cash bail of Ksh20 million or another amount deemed appropriate.
“That it is quite clear that the applicant will not be able to secure the said bank guarantee and the order of the court will be in vain,” Mutuku stated.
What’s Next
The court will now deliberate on whether Waititu’s inability to secure the bank guarantee constitutes sufficient grounds for varying the bond terms. The decision will determine whether the former governor remains in Kamiti Maximum Prison or secures release pending appeal.
This case underscores the tension between judicial discretion and enforcement of anti-corruption penalties, with broader implications for Kenya’s fight against graft.
