Ferdinand Waititu Seeks Bail Review in KSh 588 Million Graft Case
Former Kiambu Governor Ferdinand Ndung’u Waititu has filed a fresh application seeking a review of his bail terms.
Waititu is asking the court to reduce the current KSh 53.5 million bank guarantee to a KSh 20 million cash bail. He is serving a 12-year sentence following his conviction in a KSh 588 million graft case.
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Why Waititu Wants Bail Terms Reduced
Through his lawyers, Waititu told the court that he has been unable to secure a financial institution willing to issue the KSh 53.5 million bank guarantee.
He says seven months have passed without success. His legal team argues that the bail terms are practically impossible to meet.
The defence now wants the court to:
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Substitute the bank guarantee with KSh 20 million cash bail, or
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Allow alternative security such as land or vehicles of similar value.
According to his lawyers, the court already admitted him to bail in principle. The key issue now is whether the conditions remain reasonable.
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Defence: Not a Flight Risk
Waititu’s legal team insists the application is not an attempt to re-litigate his conviction.
They argue he has complied with all court directions and has attended sessions when required. They also say he is not a flight risk.
The defence further cites his health concerns. Waititu claims he needs better medical care than what is available in prison facilities.
His lawyers argue that continued detention due to unattainable bail terms undermines the constitutional right to bail pending appeal.
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DPP Opposes Bail Variation
The Director of Public Prosecutions (DPP), through State Counsel Mwamburi, has opposed the application.
The prosecution argues that Waititu has not demonstrated new or compelling circumstances to justify changing the bail terms.
Mwamburi told the court that the appeal is already at an advanced stage. Submissions are scheduled for later this month.
The State also noted that the KSh 20 million proposal had previously been abandoned and was now being reintroduced.
“It seems he keeps moving from one prayer to another without enough substance,” the DPP representative argued.
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Background: 12-Year Sentence
Waititu was convicted in 2025 by the Milimani Anti-Corruption Court in a case involving a KSh 588 million road maintenance tender in Kiambu County.
The court found him guilty of fraud, conflict of interest, and dealing with suspect property.
He was sentenced to:
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12 years in prison, or
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A fine of KSh 53.5 million.
The court ruled that a company involved in the tender paid him KSh 25,624,500. He was ordered to pay double that amount as part of the fine.
Waititu has maintained that he was wrongly convicted and that his appeal raises serious legal questions.
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What Happens Next?
The court is expected to deliver its ruling on 18 February 2026.
If the application succeeds, the judges may lower the bail amount or allow alternative security.
If the court rejects the request, the KSh 53.5 million bank guarantee will remain in force. Waititu will continue serving his sentence as his appeal proceeds.
The decision will be closely watched. It will test how courts balance the right to bail with the need for accountability in high-profile corruption cases.