Former Kiambu Governor Ferdinand Waititu has scored a temporary legal win after the High Court revised his bail conditions, reducing the amount to Ksh20 million while he awaits the outcome of his appeal.
In a ruling delivered on Wednesday, February 18, 2026, Justice Winfrida Okwany approved Waititu’s release on Ksh20 million cash or two sureties with properties valued at a minimum of Ksh30 million each. The court’s Deputy Registrar will still need to verify and approve any proposed properties.
Defense Cites Compliance and Practical Challenges
Waititu’s legal team told the court that he had struggled to secure a Ksh53.5 million bank guarantee required under his previous bail terms. They also highlighted that over seven months have passed since the initial ruling, during which Waititu attended every court session, demonstrating that he poses no flight risk.
“The key consideration should be whether Mr Waititu has complied with court appearances and whether the bail conditions remain reasonable under the circumstances,” the defense argued.
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State Challenges Bail Adjustment
The State, represented by Counsel Mwamburi for the Director of Public Prosecutions (DPP), opposed the variation. Mwamburi argued that Waititu had not met the legal threshold required to review the original bail terms.
He noted that both parties will present final submissions later this month and contended that the defense offered no new or compelling evidence to justify the change. The prosecution also criticized the defense for inconsistencies in the bail request, which initially included the proposed amount, later withdrew it, and then reintroduced it in the review application.
“This change does not meet the threshold for review,” Mwamburi stated.
Bail Variation Includes New Safeguards
Despite the State’s objections, the court approved the revised terms while adding an extra layer of security. As part of the new conditions, Waititu must surrender his passport to the court until the appeal process concludes.
The decision provides Waititu some relief while ensuring safeguards that prevent any risk of evasion as the legal proceedings continue.
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