Court to rule on Waititu’s bond review application on Wednesday
By Zipporah Ngwatu, February 16, 2026The Milimani High Court Anti-Corruption and Economic Crimes Division will rule on an application by former Kiambu Governor Ferdinand Waititu, in which he is seeking to have his bond terms reviewed.
Lady Justice Wilfrida Okwany on Monday, February 16, 2026, set the ruling on the review for Wednesday, February 18, 2026, at noon.
This came after the Directorate of Public Prosecutions (DPP), through State Counsel Mwamburi, informed the court that it had filed an affidavit opposing Waititu’s application.
The DPP argues that the convict has not convinced the court on the grounds advanced for the review of the bond terms granted to him in March 2025.
“My Lady, we are objecting to the application solely on the ground that the applicant has not satisfied the conditions to warrant the review of the court orders issued on March 3, 2025,” prosecutor Mwamburi told the court.
“This change does not necessarily meet the conditions for review, and it appears that the applicant keeps moving from one prayer to another without sufficient substance, My Lady,” Prosecutor Mwamburi added.
Through a certificate of urgency filed on January 21, 2026, through his lawyer Christopher Ndolo Mutuku, Waititu cites frustrations in obtaining the bank guarantee as ordered by the court.
In his application, lawyer Mutuku states that the court was made aware of the situation on December 18, 2025, and directed him to file a formal application seeking substitution of the bank guarantee with suitable cash bail.
“That it is therefore necessary to plead with the court to review its terms on the admission of the appellant (Waititu) to bail on the basis of new circumstances and the doctrine of impossibility/frustration,” part of the application reads.
Lawyer Mutuku argues that it has proved impossible for his client to secure the bank guarantee ordered by the court six months ago.
“That despite all reasonable efforts, the applicant has been unable to secure a bank guarantee for the stated amount, and it has now been more than six months since the issuance of the said order,” lawyer Mutuku states.
“That it is quite clear that the applicant (Waititu) will not be able to secure the said bank guarantee, and the order of the court will be in vain,” Mutuku adds.
The former governor now wants the court to set aside the order requiring a Ksh53.5 million bank guarantee and allow him to deposit a cash security of Ksh20 million to secure his release from Kamiti Maximum Prison.
“That the court does review and vary its order dated July 31, 2025, requiring the provision of a bank guarantee of Ksh53.5 million as a condition precedent to the release of the appellant (Waititu) on bail pending appeal, and in place thereof, he be admitted to bail upon making a cash security deposit of Ksh20 million or such other sum as may be deemed appropriate by the court,” part of the notice of motion reads.
The court granted the former county chief a bond of Ksh53.5 million after he was sentenced to 12 years in prison or to pay a Ksh53,749,000 fine after being found guilty of corruption-related charges.