A Nairobi High Court has granted former Kiambu Governor Ferdinand Waititu bond pending the hearing and determination of his appeal, citing deteriorating health as the main reason. The court issued the ruling after reviewing medical reports and assessing the strain his hospital admission had placed on prison facilities.
The decision came after Justice Lucy Njuguna overturned her earlier ruling issued on March 3, 2025, which denied Waititu bail. In the latest ruling delivered virtually, Waititu was granted bond amounting to Ksh53 million. He is also required to secure a bank guarantee for the full amount payable to the Judiciary.
The court acknowledged that his medical condition had worsened and noted the logistical challenges posed by his continued treatment at Kenyatta National Hospital. The judge pointed out that the prison system was under pressure to maintain his care, making his case exceptional.
Previously, the court had dismissed Waititu’s initial and second attempts to secure bail, maintaining that his applications lacked merit. In the earlier rulings, the judge stated that prisons were adequately equipped with medical facilities to handle inmates’ health needs, including referrals to external hospitals if necessary.
In his second application, Waititu argued that courts have the authority to entertain multiple bail applications if circumstances change. However, the judge had ruled that the arguments raised should have been presented in the first application and noted that re-litigating the same issue goes against court procedures and the principle of finality in litigation.
Despite opposition from the Directorate of Public Prosecutions (DPP), which argued that there was no significant change in circumstances and termed the new application an abuse of the court process, the court ultimately ruled in Waititu’s favor. The DPP had claimed that the application sought to cause delays in the appeal process and reiterated that only amendments not fresh petitions were allowed at this stage.
Waititu had been convicted of corruption and sentenced to 12 years in prison or a fine of Ksh53 million. The court’s latest decision grants him temporary freedom while his appeal against the conviction is being processed.
