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Former Kiambu Governor Ferdinand Waititu leaves Milimani court on February 13,2025. [Collins Kweyu, Standard]
Jailed former Kiambu Governor Ferdinand Ndungu Waititu Babayao has secured a major reprieve after the High Court reduced his bail terms to Sh20 million pending appeal in the Sh588 million corruption case.
In a ruling delivered at the Milimani Anti-Corruption Court, Lady Justice Wilfrida Okwany allowed Waititu’s application to review the earlier bond terms that had required him to furnish a Sh53.5 million bank guarantee.
“I find that the instant application is merited and I therefore allow it in the following terms. The condition requiring a bank guarantee of Kenya shillings 53.5 million in the ruling rendered on July 31, 2025, is varied and all set aside, and in its place an order is made that the applicant is admitted to bail pending appeal,” Justice Okwany ruled.
The judge directed that the former governor execute a cash bail of Sh20 million or, in the alternative, provide two sureties with property security worth not less than Sh30 million each, subject to strict verification by the Deputy Registrar of the High Court.
“The applicant shall execute a cash bail of Kenya shillings 20 million or in the alternative, which is number two, provide two sureties with property security worth not less than 30 million each, subject to strict verification by the deputy registrar,” the judge ordered.
Justice Okwany further directed Waititu to deposit his passport in court pending the hearing and determination of his appeal against the 12-year sentence in the corruption case, noting that any request to travel would require prior court approval.
The court observed that although the prosecution had opposed the application, it had also conceded in its replying affidavit that it did not oppose admission to bail pending appeal, subject to reasonable and adequate security.
The judge held that bail terms must not be so onerous as to defeat the constitutional objective of preserving liberty pending appeal, adding that a condition which proves practically unattainable risks rendering a court order “illusory.”
Waititu had remained in custody at Kamiti Maximum Security Prison for over seven months despite having been granted bail in July 2025, after the court initially required him to furnish a bank guarantee equivalent to the fine imposed by the trial court.
Through his lawyer, he argued that despite reasonable efforts, securing the guarantee had proved impossible, thereby amounting to a material change in circumstances warranting review.
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Former Kiambu Governor Ferdinand Waititu leaves Milimani court on February 13,2025. [Collins Kweyu, Standard]
[Collins Kweyu, Standard]
Jailed former Kiambu Governor Ferdinand Ndungu Waititu Babayao has secured a major reprieve after the High Court reduced his bail terms to Sh20 million pending appeal in the Sh588 million corruption case.
In a ruling delivered at the Milimani Anti-Corruption Court, Lady Justice Wilfrida Okwany allowed Waititu’s application to review the earlier bond terms that had required him to furnish a Sh53.5 million bank guarantee.
“I find that the instant application is merited and I therefore allow it in the following terms. The condition requiring a bank guarantee of Kenya shillings 53.5 million in the ruling rendered on July 31, 2025, is varied and all set aside, and in its place an order is made that the applicant is admitted to bail pending appeal,” Justice Okwany ruled.
The judge directed that the former governor execute a cash bail of Sh20 million or, in the alternative, provide two sureties with property security worth not less than Sh30 million each, subject to strict verification by the Deputy Registrar of the High Court.
“The applicant shall execute a cash bail of Kenya shillings 20 million or in the alternative, which is number two, provide two sureties with property security worth not less than 30 million each, subject to strict verification by the deputy registrar,” the judge ordered.
Justice Okwany further directed Waititu to deposit his passport in court pending the hearing and determination of his appeal against the 12-year sentence in the corruption case, noting that any request to travel would require prior court approval.
The court observed that although the prosecution had opposed the application, it had also conceded in its replying affidavit that it did not oppose admission to bail pending appeal, subject to reasonable and adequate security.
The judge held that bail terms must not be so onerous as to defeat the constitutional objective of preserving liberty pending appeal, adding that a condition which proves practically unattainable risks rendering a court order “illusory.”
Waititu had remained in custody at Kamiti Maximum Security Prison for over seven months despite having been granted bail in July 2025, after the court initially required him to furnish a bank guarantee equivalent to the fine imposed by the trial court.
Through his lawyer, he argued that despite reasonable efforts, securing the guarantee had proved impossible, thereby amounting to a material change in circumstances warranting review.
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By Nancy Gitonga