Ex-Governor Waititu walks free after court reviews bail in Ksh.588M graft case

The High Court has been told 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, informed the court on Thursday morning when the matter came up for mention before the High Court Anti-Corruption and Economic Crimes Division.

“I am holding brief for the appellant who is now a free man ” Njenga told the court.

The ex-Governor last month received a reprieve after the High Court granted his application for review of bail terms to Ksh.20 million, pending appeal.

In the ruling delivered on February 18, 2026, 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 were to be subject to verification and approval by the Deputy Registrar.

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

The defence argued that it had 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.

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

Mwamburi said submissions in the matter were scheduled for later on and insisted that the defence had 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.

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