Reprieve for Waititu as bail reduced to Ksh.20 million

In a ruling delivered on Wednesday, Justice Winfrida Okwany allowed the application and varied the earlier bail 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. The securities will be subject to verification and approval by the Deputy Registrar.

Through his lawyers, Waititu told the court that he has been unable to secure the bank guarantee earlier ordered as part of his release conditions.

The defence argued that it has now been seven months since the ruling was issued and the former county boss has faced challenges in complying with the requirement for a bank guarantee.

Counsel submitted that since Waititu was already admitted to bail, the main consideration before the court should be whether he has been attending court as required and whether the terms imposed remain reasonable in the circumstances.

The defence maintained that he has consistently attended court sessions and is not a flight risk.

The prosecution opposed the application.

State Counsel Mwamburi, appearing for the Director of Public Prosecutions (DPP), told the court that the State is objecting to the application, arguing that the applicant has not satisfied the legal threshold required to warrant a review of the earlier orders.

Mwamburi said submissions in the matter are scheduled for later this month and insisted that the defence has not demonstrated any new or compelling circumstances to justify interference with the existing bail conditions.

On the issue of the proposed bail, the prosecution pointed out that the amount was initially part of the application but was later abandoned, only for it to be reintroduced in the current plea for review.

“This change does not necessarily meet the conditions for review,” Mwamburi submitted.

“It seems he keeps moving from one prayer to another without enough substance,” the DPP added.

As part of the revised conditions, Waititu has also been directed to deposit his passport with the court pending the hearing and determination of his appeal.