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Nairobi, Kenya.
Former Kiambu Governor Ferdinand Waititu, who is currently serving a 12-year prison sentence over corruption-related charges, has been handed a small legal victory after the High Court granted him permission to amend his petition seeking release on bail.
The ruling, delivered by Justice Lucy Njuguna on April 23, 2025, paves the way for Waititu to revise his bail application and make a fresh case for his temporary freedom as he battles to overturn his conviction.
In her brief but significant ruling, Justice Njuguna noted, “After considering submissions from both parties, I found that a petition of appeal may be amended with leave of the court. The application has merit and is therefore granted.”
A Glimmer of Hope in a Legal Storm
For Waititu, who once wielded power as the Governor of one of Kenya’s wealthiest counties, the court’s green light comes as a glimmer of hope in what has been a turbulent legal journey. In February, he was sentenced to 12 years in prison—or a Ksh53.7 million fine—for his role in a multi-million-shilling corruption scandal involving a road construction tender worth Ksh588 million.
The prosecution successfully proved that Waititu received at least Ksh25.6 million in kickbacks linked to the inflated contract, in a case that spotlighted the entrenched culture of graft in Kenyan county governments.
His incarceration at Nairobi’s Industrial Area Prison has not gone unnoticed. Despite his political fall from grace, Waititu remains a high-profile inmate and has insisted that his health is deteriorating behind bars.
First Bail Bid Dismissed
In March, Waititu had made an earlier attempt to secure his release pending appeal, citing poor health and claiming that prison facilities were ill-equipped to handle his medical needs, including high blood pressure and persistent chest pains.
However, Justice Njuguna dismissed the application, saying there were no “exceptional circumstances” warranting bail. The judge also questioned the strength of Waititu’s appeal, noting that he had not demonstrated a high probability of success.
In her judgment, she emphasized that Kenya’s prison system is capable of managing his medical condition and that the justice system should not set a precedent of releasing high-profile convicts without compelling legal grounds.
A Second Shot
Now, buoyed by the court’s latest ruling, Waititu is expected to file an amended application, this time hoping for a more favorable outcome. His legal team is banking on what they describe as fresh legal arguments, including alleged procedural errors in the initial trial and questions about the credibility of the evidence used to convict him.
Sources close to the defense team say the new petition will also challenge the structure of the charges, arguing that some of them were defective and based on misinterpretations of procurement law.
In a sworn affidavit, Waititu reaffirmed his commitment to abide by any court-imposed conditions, including regular court appearances and providing a credible surety. He has also maintained that he is not a flight risk, emphasizing his deep roots in the country and his willingness to face justice.
What’s Next?
Legal analysts say while the court’s decision to allow amendments does not guarantee bail, it signals that Waititu’s arguments may warrant a second look. If his renewed application is successful, he could be released on bond as his appeal winds its way through the judicial process—a process that could take months, if not years.
However, the Office of the Director of Public Prosecutions (ODPP) is expected to oppose the renewed bid, having previously warned that granting bail to a convicted senior public official sends the wrong message in the fight against corruption.
The High Court will now set a new date to hear the revised application. Until then, Waititu remains behind bars, but with renewed hope and fresh legal ammunition.
Political Undertones
Waititu’s case continues to generate political ripples, especially in Mount Kenya, where he retains a loyal support base. Allies argue that his prosecution is politically motivated, while critics see his conviction as a rare example of accountability in a country plagued by elite impunity.
Whether or not the former governor walks out of prison anytime soon, one thing is clear—Ferdinand Waititu is not giving up without a fight.