Waititu to remain in jail after court denies bail plea again
Courts
By
Kamau Muthoni
| Oct 01, 2025
Former Kiambu Governor Ferdinand Waititu will continue serving his 12-year jail term at Kamiti Maximum Prison.
This is after the Anti-Corruption High Court on Wednesday rejected his third application for bail pending the hearing of his appeal in the Sh588 million corruption case.
His lawyer Charles Matuku informed Justice Lucy Njuguna that he was yet to get a bank guarantee in order to secure the bail granted by the court.
The lawyer urged the court to allow his client to pay at least Sh20 million cash bail as he had not yet found anyone who would give a commitment to guarantee his freedom as he battles the sentence handed by the magistrate’s court.
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He stated that Waititu was now sickly and not a flight risk.
“We have not been able to secure a bank guarantee as ordered by the court for the reason that the appellant is still in custody,” argued Mutuku adding that Waititu was admitted at the Kenyatta National Hospital.
He stated that they were willing to deposit the amount in court.
However, Justice Njuguna asked Waititu to instead file a formal application for consideration.
“ I will not allow the application. In your affidavit, you offered a bank guarantee and upon consulting the Deputy Registrar, I was told that it was doable,” said justice Njuguna.
Waititu, who was sentenced to 12 years in prison or pay a Sh52.7 million fine for his role in the multi-million-shilling road tender scandal, will now remain in prison until his appeal is heard and determined.
He has thrice asked he court to be freed on bail or bond.
Initially, Justice Njuguna denied the request, citing laws that prevent courts from revisiting their own decisions.
According to the judge, the issues raised in the second application should have been presented in the earlier one, as they are points of law that were already within the knowledge of the convicts’ lawyers.
“The applicant has contended that the current application is not based on the same facts and circumstances for the reason that it is based on an amended petition of appeal, and further, that the High Court has powers to entertain more than one application for bail concerning the same person depending on the facts and circumstances,” the judge noted.
However, she cited several Court of Appeal decisions that bar parties from relitigating claims arising from the same transaction or series of transactions.
This legal doctrine discourages courts from reviewing their own judgments, promoting consistency and finality in litigation.
The judge concurred with submissions by the Office of the DPP, noting that Waititu had not demonstrated any change in circumstances that would justify a review of the earlier denial of bail.
“The appellant has not demonstrated that there has been a change of circumstances warranting this court to review its orders of March 4, 2025,” the DPP told the court through principal prosecution counsel Faith Mwila.
Further, the DPP argued that the new application violated the hierarchy of courts and constituted a blatant abuse of court process.
The prosecution also contended that the application was a deliberate attempt to delay the hearing and determination of the pending appeal.
In his second bail attempt, Waititu’s lawyer Kibe Mungai argued that the amended appeal filed on March 11, 2025, contained strong legal grounds suggesting a high likelihood of success.
“The appeal has numerous substantial points of law that show the it is likely to succeed,” Mungai said.