Waititu Freed After High Court Revises Bail in Sh588m Kiambu Roads Graft Case

Ferdinand Waititu has been released from custody after the High Court revised his bail terms in the Sh588 million Kiambu roads graft case, allowing him temporary freedom as he pursues an appeal against his conviction.

The order was issued during a mention before the Anti-Corruption and Economic Crimes Division of the High Court. Waititu’s lawyer, Jeremy Njenga, confirmed that his client had been freed following the court’s decision. Waititu had been serving a sentence at Kamiti Maximum Security Prison after his conviction in February 2025 over the irregular award of a road construction tender in Kiambu County.

Presiding judge Wilfrida Okwany reduced the bail requirement to Sh20 million in cash, replacing the earlier terms that required a Sh53 million bond supported by a bank guarantee. The revised conditions enabled Waititu to secure his release while his appeal is pending.

The court also considered applications from Waititu’s co-appellants, former county transport chief officer Luka Mwangi Wahinya and businessman Charles Chege Mbuthia. Their appeals have been consolidated with Waititu’s case and are scheduled for hearing on 14 April 2026.

In Mbuthia’s application, Justice Okwany allowed the introduction of new evidence in the form of an audit report examining road contracts awarded by the Kiambu county government. Defence lawyers argued that the report challenges the prosecution’s claim that public funds were fraudulently acquired, stating that the county government owed the contractor Sh113.6 million.

Prosecutors opposed the request, arguing that the issue had already been determined and that the audit report did not constitute new evidence. The court nevertheless allowed the document to be included, ruling that excluding it could prevent a full assessment of the appeal. Justice Okwany cited constitutional provisions that guarantee disclosure of evidence that may assist the defence.

Wahinya also obtained bail pending appeal after presenting new circumstances to the court. He said his wife, who has been diagnosed with multiple myeloma, requires medical treatment abroad and that his presence is necessary to support her.

The prosecution did not oppose the request. Justice Okwany found that the situation met the threshold for exceptional circumstances and granted Wahinya release on Sh5 million cash bail or sureties of Sh10 million each. The court also ordered him to surrender his passport unless he receives permission to travel.

The High Court directed that the consolidated appeals proceed on a priority basis. The hearing on 14 April is expected to examine the disputed contracts and the procurement processes used by the Kiambu county government.