Waititu Can Leave Custody Once KSh53M Guarantee Is Deposited, Court Rules

Former Kiambu governor Ferdinand Waititu is moving closer to release after the court confirmed that he may leave custody once he secures a KSh53 million bank guarantee.

Principal Magistrate Rose Ndombi ruled on Tuesday that the bond terms previously set in Waititu’s offensive conduct case remain in force, but stressed that the High Court’s requirement for a bank guarantee must be met before he can be freed. She noted that the court had no objection to his release as long as all existing conditions are observed.

Waititu, who has been in custody since February, told the court that arrangements are underway for a third party to provide the guarantee. Once deposited, he will be released under the original bond conditions, while his separate hate speech case will proceed. The matter is scheduled to return to court on 15 January 2026.

The decision follows several unsuccessful attempts by Waititu to secure more lenient bond terms. Earlier this month, Justice Lucy Njuguna rejected his third bid to replace the bank guarantee with a cash deposit, warning that repeated requests risked delaying the main appeal. 

She said that the orders already issued were the most favourable possible and that the 120-day compliance period should stand. Waititu was convicted in February for failing to safeguard public funds after the court found he had irregularly received Ksh25 million through an unlawful tender award. 

He was fined Ksh53.5 million or, alternatively, given a 12-year prison sentence. His appeals have focused on the bond requirements, which he says are excessively burdensome.