Waititu Regains Freedom After High Court Reviews Bail Terms in Ksh588 Million Roads Graft Appeal

By Andrew Kariuki

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 Ksh588 million roads graft case.

Waititu’s lawyer, Jeremy Njenga, told the court on Thursday 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 former governor secured his release after the High Court last month granted his application for a review of the earlier bail conditions.

In a ruling delivered on February 18, 2026, Justice Winfrida Okwany allowed the application and varied the bail terms that had previously been set.

Under the revised conditions, the court ordered that Waititu be released on cash bail of Ksh20 million, or alternatively provide two sureties backed by property securities valued at not less than Ksh30 million each.

The court further directed that the securities be subjected to verification and approval by the Deputy Registrar.

Through his lawyers, Waititu had earlier told the court that he had faced difficulties complying with the initial release conditions, particularly the requirement to secure a bank guarantee.

The defence argued that it had been seven months since the ruling was issued and that the former governor had been unable to obtain the bank guarantee as required.

Counsel for Waititu also submitted that since he had already been admitted to bail, the main consideration before the court should be whether he had been attending court sessions as required and whether the existing conditions remained reasonable.

The defence maintained that the former county boss had consistently attended court proceedings and posed no flight risk.

However, the prosecution opposed the application.

State Counsel Mwamburi, appearing for the Office of the Director of Public Prosecutions (DPP), argued that the applicant had not met the legal threshold required to warrant a review of the earlier bail terms.

The prosecution told the court that the defence had not demonstrated any new or compelling circumstances that would justify interfering with the existing bail conditions.

Mwamburi further pointed out that the proposed bail amount had initially been part of the earlier application but was later abandoned before being reintroduced in the current request for review.

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

Waititu is appealing his conviction and sentence in the Ksh588 million corruption case involving road construction tenders awarded during his tenure as Kiambu Governor.