Waititu loses third bid to be freed on bond pending an appeal

Former Kiambu Governor Ferdinand Waititu, who is serving a 12-year-jail term over a Sh53 million corruption in a roads deal, has lost his third bid to be freed on bond pending appeal.

Justice Lucy Njuguna of the Anti-Corruption Division of the High Court declined to vary her recent order requiring Mr Waititu to secure a bank guarantee of Sh53 million before he can be released from Kamiti Maximum Prison where he is detained.

Mr Waititu through his lawyers had urged Justice Njuguna to be allowed to pay a cash bail deposit Sh53 million in place of a bank guarantee.

He told the judge that “he has been unable to secure a bank to guarantee his bond of Sh53 million.”

The judge declined that request and instead directed Mr Waititu to prosecute his main appeal within 120 days.

“I will not vary those orders which I made in your second application. Honestly, I did the best I could based on the material you placed before me,” ruled Justice Njuguna.

The judge said the evidence which the appellant (Waititu) placed before her, persuaded her to allow his release on bond by securing a bank guarantee.

In his plea for bond, Mr Waititu argued that he is ailing and required urgent medical attention which he can only access properly when he is out on bond.

“I was gracious enough to grant the orders prayed for based on the circumstances,” stated Justice Njuguna.

The judge who was told no bank is willing to guarantee his release said she will vary her orders of August 5,2025.
“ Therefore my ruling today (October 1 2025) is that I will not vary those orders on bank guarantee,” the judge stated.

She also noted that Waititu’s co-convicts, who were jailed over the corruption saga, are complaining that the appeal is taking too long to be concluded.

“The other two(2) appellants are still in custody and you remember that they are complaining that the matter is taking too long. That’s why I gave 120 days and for purpose of record, the 120 days start from today (Wednesday, October 1, 2025),” Justice Njuguna stated.

The judge directed all the appellants to halt making fresh applications so that they can concentrate on the main appeal.

“Let us concentrate on the main appeal so that we can move forward,” the judge stated.

While dismissing the renewed bail application, Justice Njuguna said it lacks merit.

However, Justice Njuguna allowed Mr Waititu and his two fellow serving prisoners Charles Chege and Lucas Wahinya to challenge her ruling at the Court of Appeal.

Mr Waititu sought to be released on bond immediately after he was handed down the sentence for corruptly receiving over Sh25 million arising from a Sh588 million roads project awarded to a contractor.

The three(3) made the application for bail pending the outcome of the appeal they filed in February 2025.

Justice Njuguna rejected the first application by Mr Waititu saying, “Sickness was not a good ground for the court to rely on to grant bail to Mr Waititu."

The dismissal of the first bail plea paved way for the second one made through lawyers Kibe Mungai and Ndegwa Njiru.

In her ruling, Justice Njuguna cited provisions of the law that prohibit courts from revisiting their earlier decisions.

She said the issues raised in the current application by Mr Waititu and his co-convicts should have been raised in the earlier applications as they are points of law and were well within the knowledge of the convicts’ lawyers.

The first bail application pending appeal against the 12-year-jail term was prosecuted by lawyers Danstan Omari, Sam Nyaberi, and Shadrack Wambui.

“The applicant has contended that the current application is not based on the same facts and circumstances for the reasons that it is based on amended petition of appeal and further that the High Court has powers to entertain more than one applications for a bail concerning the same person depending on the facts and circumstances,” the judge observed.

Mr Waititu was jailed by anti-corruption court chief magistrate Thomas Nzyoki after finding him guilty of corruptly receiving over Sh25 million from a contractor, one Charles Chege, whose company--Testimonies Enterprise Limited (TEL)--had been awarded tenders to construct roads in Kiambu County.

Waititu was returned to Kamiti Maximum Prison.

Justice Njuguna directed Waititu to prosecute the main appeal.

Waititu was following the proceedings virtually from Kamiti Maximum Prison where he is serving the dozen years over graft.