Waititu to continue 12-year jail term as court dismisses Sh53.5 million bail reduction bid
The court ruled that Waititu had not provided sufficient grounds to alter the earlier conditions, which required him to present a full bank guarantee.
Former Kiambu Governor Ferdinand Waititu will continue serving his 12-year sentence at Kamiti Prison after the High Court rejected his plea to have his Sh53.5 million bail reduced, saying he failed to justify changing the terms he had proposed for himself.
The court ruled that Waititu had not provided sufficient grounds to alter the earlier conditions, which required him to present a full bank guarantee, a proposal he personally made when the court previously considered his release application.
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“The applicant (Waititu) himself made an offer for a bank guarantee, and for him to do so, he must have known what it would entail to procure the guarantee and that he was ready, able and willing to meet his part of the bargain to procure the same,” the court said in its ruling.
“He cannot now turn around and say that he has not been able to meet the terms of the bond,” the court added.
The embattled former county boss remains in prison serving the 12-year sentence imposed by a magistrate after he failed to pay the Sh53.5 million fine issued alongside his corruption conviction.
Waititu and four others were found guilty in February 2025 for their involvement in a Sh588 million road construction scandal during his tenure as Kiambu governor. The Ethics and Anti-Corruption Commission (EACC) proved allegations of irregular procurement and conflict of interest in the award of the tenders.
This is the second time this year that Waititu has failed to secure bail. In March 2025, the High Court dismissed his initial application, citing the gravity of the offences and the risk that he could abscond. However, in July 2025, the court granted him another opportunity to post bail on the condition that he would provide a bank guarantee covering the entire fine amount.
During his October court appearance, Waititu’s lawyer pleaded for leniency, arguing that his client was facing financial challenges and was undergoing treatment at Kenyatta National Hospital. The defence requested the court to substitute the guarantee with title deeds or bonds, or alternatively reduce the cash bail to Sh20 million, saying that obtaining the bank guarantee had proved impossible.
The Director of Public Prosecutions (DPP) opposed the application, telling the court, “This is a court of law, not mercy. As a convict, Waititu enjoys no presumption of innocence and must meet strict conditions.”
Prosecutors further accused the former governor of employing delay tactics, noting that his appeal, initially set for March 2025, remains unresolved.
In its ruling, the court referenced its September 17, 2025, order requiring that the appeal be concluded within 120 days from October 1, 2025, warning that any further delays could result in dismissal.
“The court has noted with concern the delay on the part of the applicant and his co-appellants in having the appeals finalised,” the judges said.
With the latest decision, Waititu’s freedom now depends on producing the Sh53.5 million bank guarantee. Failure to comply will see him remain behind bars as his appeal proceeds, a process the court has placed under close supervision to prevent further postponements.
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