The High Court on Wednesday, February 18, 2026, delivered a significant reprieve to former Kiambu Governor Ferdinand Ndungu Waititu by reducing his bail terms and setting a Sh20 million cash bond, or alternatively, acceptable property sureties, as he waits for his appeal to be heard and determined.
Waititu, who is serving a 12-year sentence following his February 2025 conviction in a Sh588 million corruption case, had been in custody at Kamiti Maximum Security Prison for more than seven months despite being granted bail last year.
Court’s Ruling and Revised Conditions
Delivering the ruling at the Milimani Anti-Corruption Court, Justice Winfrida Okwany allowed Waititu’s application to vary the earlier bail conditions, effectively scrapping the original requirement that he procure a Sh53.5 million bank guarantee.
In its place, the court ordered that he be admitted to bail on either:
A Sh20 million cash bond, or two sureties with property security valued at not less than Sh30 million each, subject to strict verification and approval by the Deputy Registrar of the High Court.
Justice Okwany also directed that Waititu deposit his passport with the court and noted that any travel outside Kenya would require prior court approval.
In her ruling, the judge emphasised that bail conditions should not be so onerous as to defeat the constitutional purpose of preserving liberty while ensuring attendance at court.
She observed that the previous requirement, which had effectively kept Waititu in custody, was unattainable in the circumstances and warranted variation.
Arguments from Both Sides
Waititu’s legal team told the court that despite reasonable efforts, securing the bank guarantee had proved practically impossible, amounting to a material change in circumstances.
They argued that the former governor had consistently honoured court appearances, showing he was not a flight risk, and thus the terms needed to be updated in light of his inability to meet them.
The Office of the Director of Public Prosecutions (ODPP) opposed the application, arguing that Waititu had not presented new or exceptional reasons to justify altering the earlier order.
State Counsel Mwamburi maintained that the defence had fluctuated in its proposals and that the threshold for review had not been met.
Background of The Case
Waititu’s conviction in 2025 stemmed from findings that he was involved in corrupt practices related to the award of tenders during his tenure as Kiambu governor.
Alongside the 12-year term, he was ordered to pay a Sh53.5 million fine and barred from seeking political office for seven years.
Earlier, in July 2025, the court had granted bail pending appeal but tied it to a bank guarantee matching the fine amount, a condition that has now been replaced by the more accessible cash bond or property securities.
The revised bail terms now offer Waititu a possible route to release as he continues to challenge his conviction, marking a notable shift in a high-profile legal battle that has drawn public attention across Kenya’s judiciary and political circles.
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