The High Court has been informed that former Kiambu Governor Ferdinand Waititu is now a free man after the court reviewed his bail terms pending the hearing and determination of his appeal in the Ksh.588 million roads graft case.
His lawyer, Jeremy Njenga, told the High Court’s Anti-Corruption and Economic Crimes Division on Thursday morning that Waititu had secured his release under the revised bail conditions.
“I am holding brief for the appellant who is now a free man,” Njenga said.
Bail Terms Reviewed
On February 18, 2026, Justice Winfrida Okwany granted Waititu’s application for review of bail terms, varying the earlier conditions. The court set bail at:
- Ksh.20 million in cash, or
- Two sureties with property securities valued at not less than Ksh.30 million each, subject to verification and approval by the Deputy Registrar.
The revised conditions replaced an earlier requirement for a bank guarantee, which Waititu’s defence team argued had proved difficult to secure.
Defence Arguments
Waititu’s lawyers submitted that the former county boss had consistently attended court sessions and was not a flight risk. They argued that the main consideration should be whether he had complied with court attendance requirements and whether the bail terms remained reasonable.
The defence maintained that the inability to secure a bank guarantee had unfairly prolonged his detention, despite his willingness to comply with alternative conditions.
Prosecution’s Objection
State Counsel Mwamburi, representing the Director of Public Prosecutions (DPP), opposed the application, arguing that the defence had not demonstrated new or compelling circumstances to justify altering the bail terms.
Mwamburi noted that the proposed bail amount had initially been part of the application but was later abandoned, only to be reintroduced in the current plea for review.
Passport Deposit Requirement
As part of the revised bail conditions, Waititu was directed to deposit his passport with the court pending the hearing and determination of his appeal.
The matter will proceed to full hearing as the appeal against the graft conviction continues.
