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‘I can’t get it’ – Waititu requests for review of Ksh53.5M bank guarantee order
22nd January, 2026 11:20 AM
Former Kiambu governor Ferdinand Waititu has revealed that it has been impossible for him to raise a bank guarantee of Ksh53.5 million as ordered by the Milimani Anti-Corruption Court for him to be admitted to bail pending appeal.
Waititu was, on February 13, 2025, sentenced to 12 years in prison or to pay a Ksh53,749,000 fine after being found guilty of corruption-related charges.
However, he filed an application seeking to be released on bail pending his appeal, citing ill health and the need for him to seek further medical attention outside prison.
The court on July 31, 2025, considered his application and admitted him to bail in order to enable him to seek better treatment.
Through a certificate of urgency filed on Wednesday, January 21, 2026, through his lawyer Christopher Ndolo Mutuku, Waititu states frustrations on getting the bank guarantee as ordered by court.
Further, lawyer Mutuku states that the court was made aware of the situation on December 18, 2025, and it directed him to file a formal application for substitution of the bank guarantee with a suitable cash bail.
“That it is therefore necessary to plead with the court to review its terms on admission of the appellant (Waititu) to bail on the basis of new circumstances and the doctrine of impossibility/frustrations,” part of the application read.
Lawyer Mutuku argues that it has really proved impossible for his client to secure the bank guarantee the court ordered 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 to produce a Ksh53.5 million bank guarantee and allow him to pay a cash security deposit of Ksh20 million for him to leave 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.
