Former Kiambu Governor Ferdinand Ndung’u Waititu has filed a fresh application in court seeking a review of his bail terms.
Therefore, asking that the amount be reduced to KSh 20 million from the current requirement of a KSh 53.5 million bank guarantee.
The jailed former county boss, who is serving a 12‑year sentence over a KSh 588 million graft scandal.
Wants the court to ease conditions he says have become practically impossible to meet as he pursues his appeal.
Bid to cut bail from bank guarantee to cash bond
Through his lawyers, Waititu told the court that, since the 2025 ruling granting him bail on condition of a KSh 53.5 million bank guarantee, he has been unable to secure a financial institution willing to issue the guarantee.
He argues that seven months have now lapsed without any success.
Also, underscoring what he describes as the unattainable nature of the bail terms as currently framed.
His legal team is therefore asking the court to substitute the bank guarantee with a KSh 20 million cash bail or to allow alternative security such as land or vehicles of similar value.
The defense submits that, since the court has already admitted him to bail in principle, the key considerations now are whether he has complied with court directions.
Attended sessions when required and determined whether the conditions imposed remain reasonable in light of his financial and personal circumstances.
Defence arguments
In the latest application, counsel for the former governor has framed the request as a matter of fair access to bail, rather than a fresh attempt to re‑litigate the conviction.
They insist that Waititu has consistently attended court whenever required and has shown no indication that he is a flight risk.
Also, arguing that continued incarceration purely because of an impossible bank guarantee undermines the spirit of the Constitution on the right to bail pending appeal.
According to a related filing, Waititu also cites his health, saying he needs better medical attention than is available in prison facilities.
His team maintains that a more realistic cash bail or alternative security would still protect the interests of justice while allowing him to manage his health and participate more effectively in preparing his appeal.
Prosecution opposes change to terms
The Director of Public Prosecutions, through State Counsel Mwamburi, has strongly opposed the bid to soften the bail terms.
The State argues that Waititu has not met the legal threshold for variation of court orders.
Also, saying he has failed to demonstrate any new or compelling circumstances that would justify revisiting the previous decision on bail.
Mwamburi points out that submissions in the appeal have already been scheduled for later this month and that the matter is at an advanced stage.
On the proposed KSh 20 million figure, the prosecution notes that the amount was initially part of an earlier application but was abandoned, only to be reintroduced in the current plea for review.
“It seems he keeps moving from one prayer to another without enough substance,” the DPP’s representative told the court.
Suggesting a pattern of shifting requests aimed more at securing release than addressing specific legal grounds.
Background: 12‑year sentence over KSh 588m graft case
Waititu’s bail battle arises from his conviction in a major anti‑corruption case involving a KSh 588 million road maintenance tender in Kiambu County.
In 2025, the Milimani Anti‑Corruption Court sentenced him to 12 years in prison or a fine of KSh 53.5 million after finding him guilty of fraud, conflict of interest, and dealing with suspect property.
The court ruled that a company involved in the tender paid him KSh 25,624,500, and ordered him to pay double that amount as part of the fine, alongside additional penalties for separate counts.
Following his conviction, the former governor appealed and has consistently maintained that he was wrongly found guilty and that his appeal raises substantial legal issues.
He has made several attempts to secure bail pending appeal, but courts have repeatedly declined to release him outright or to drastically relax his terms.
Also, stressing the gravity of the offences and the need to uphold confidence in the justice system’s handling of economic crimes.
Next steps in the bail review bid
The court has heard submissions from both sides and is expected to deliver its ruling on the application on 18 February 2026.
If the judges agree with Waititu, they could lower the bail threshold to KSh 20 million and approve alternative forms of security.
Or otherwise adjust the conditions to make his release realistically attainable as the appeal proceeds.
If the court sides with the DPP, the existing requirement of a KSh 53.5 million bank guarantee will remain in force.
Therefore, meaning the ex‑governor will stay in custody while pursuing his challenge to the 12‑year sentence.
The outcome will be closely watched, not only for its implications on Waititu’s personal fate.
But also for the wider signal it sends about how Kenyan courts balance the constitutional right to bail with the public demand for firm accountability in high‑profile graft cases.
