High Court Revises Waititu Bail to Sh20 Million Pending Appeal

Former Kiambu Governor Ferdinand Waititu has received a significant reprieve from the High Court after Justice Winfrida Okwany revised his bail terms, reducing the amount from Sh53.5 million to Sh20 million cash pending the hearing and determination of his appeal.

The ruling, delivered on February 17, 2026, in the High Court’s Anti-Corruption and Economic Crimes Division in Nairobi, allows Waititu to remain out of custody while his appeal against conviction and sentence proceeds. Waititu was convicted in 2024 on corruption charges relating to procurement irregularities during his tenure as governor and was initially sentenced to serve time unless he posted the higher bail amount.

Justice Okwany granted the variation after Waititu’s legal team argued that the original Sh53.5 million cash bail was excessive, disproportionate and effectively amounted to a denial of bail pending appeal. The defence highlighted Waititu’s advanced age, health conditions, lack of flight risk and the fact that he had complied with previous bail conditions throughout the trial.

“Having considered the applicant’s submissions, the nature of the offence, the sentence imposed and the grounds of appeal, I find that the original bail amount is excessive in the circumstances,” Justice Okwany ruled. “The revised bail of Sh20 million cash is sufficient to secure the applicant’s attendance and ensure he does not interfere with witnesses or abscond.”

The judge also imposed additional conditions, including surrender of passport, reporting to the nearest police station twice weekly and a directive not to interfere with prosecution witnesses or evidence. Waititu’s sureties must be substantial property owners with titles verified by the court.

Waititu’s lawyer, Tom Ojienda, welcomed the decision as a victory for justice. “This ruling restores fairness and upholds the presumption of innocence pending appeal,” Ojienda said outside court. “Our client has strong grounds of appeal, and this variation allows him to prepare his case without the undue hardship of the original terms.”

The Director of Public Prosecutions did not oppose the application for variation but asked for strict conditions to be maintained. “The DPP respects the court’s discretion in bail matters,” a prosecution counsel submitted. “We only seek safeguards to protect the integrity of the appeal process.”

The case stems from allegations that Waititu irregularly awarded tenders worth hundreds of millions of shillings for road works, garbage collection and supply of goods during his time as governor. He was convicted on multiple counts of abuse of office and conflict of interest, with the trial court imposing a custodial sentence and the high bail pending appeal.

Waititu’s supporters gathered outside the Milimani Law Courts after the ruling, cheering as he emerged. The former governor thanked the court and reiterated his innocence. “I am grateful for this decision,” Waititu said. “I maintain my innocence and look forward to clearing my name on appeal. I thank my family, lawyers and supporters for standing by me.”

The variation comes amid ongoing debate about bail terms in corruption cases involving high-profile figures. Anti-corruption campaigners had criticised the original Sh53.5 million as too lenient, while defence lawyers argued it was punitive and effectively punitive detention.

Transparency International Kenya Executive Director Sheila Masiga said the reduction should not undermine accountability. “While bail variations are within judicial discretion, the public expects swift and fair conclusion of corruption appeals,” Masiga said. “The courts must ensure these cases are not delayed indefinitely.”

The appeal is scheduled to be heard by a three-judge bench of the Court of Appeal later in 2026. In the meantime, Waititu remains free on the revised bail terms.