Former Kiambu Governor Ferdinand Waititu has been set free after the High Court adjusted the bail conditions tied to his appeal in the Sh588 million Kiambu roads corruption case.
During a court mention on Thursday at the High Court’s Anti-Corruption and Economic Crimes Division, Waititu’s lawyer Jeremy Njenga informed the judge that his client had already been released from Kamiti Maximum Prison following the revised bail terms.
“I am holding brief for the appellant who is now a free man thanks to your orders,” Njenga told the court.
Waititu had been behind bars since February 2025 after being convicted in connection with the irregular awarding of a Sh588 million road construction tender in Kiambu County.
Earlier, Justice Wilfrida Okwany had agreed to review the bail conditions while Waititu pursues his appeal against both the conviction and sentence.
The court lowered the bail amount to Sh20 million in cash, replacing the earlier requirement of a Sh53 million bond backed by a bank guarantee, conditions that had previously prevented the former governor from securing his release.
The case also involves other appellants, including Luka Mwangi Wahinya, the former Kiambu County Chief Officer for Transport, and businessman Charles Chege Mbuthia, a director of Testimony Enterprises Limited.
Justice Okwany directed that the appeals filed by the three individuals be handled together since they arise from the same trial. The consolidated appeals are scheduled for mention on April 14, 2026.
In a separate ruling concerning Mbuthia, the court allowed him to introduce additional evidence as part of his appeal. The defence had requested the inclusion of an audit report titled “Report of Findings on the Upgrading of Various Gravel Roads to Bituminous Surface in Kiambu County Contracts.”
According to the defence, the report indicates that the Kiambu County Government owed the contractor Sh113.6 million, raising doubts about the prosecution’s claim that public funds were fraudulently obtained.
However, the prosecution opposed the request. State counsel Faith Miller argued on behalf of the Director of Public Prosecutions that the application had already been decided previously and that the audit report could not be considered new evidence because it had allegedly been shared in a related civil matter in 2020.
Despite the objections, Justice Okwany ruled that admitting the audit report would serve the interests of justice. She said the document directly relates to the financial transactions at the centre of the charges and could assist the court in determining the appeal.
The judge added that excluding the evidence could unfairly disadvantage the appellant while allowing it would not significantly prejudice the prosecution.
The court therefore dismissed the prosecution’s preliminary objection and permitted Mbuthia to include the report in the appeal record. The prosecution was granted 30 days to respond or challenge the report, including calling its author for cross-examination if necessary.
In another decision, the court also allowed Wahinya’s request to be released on bail pending appeal.
Wahinya had previously been denied bail, but he returned to court seeking a review of the earlier ruling, citing a significant change in circumstances. He told the court that his wife had been diagnosed with multiple myeloma, a severe cancer that requires urgent treatment, including a planned bone marrow transplant in India.
He argued that his presence was necessary to support his family emotionally, financially and morally during the treatment.
The Director of Public Prosecutions did not oppose the request, stating that it supported the application in the interest of fairness.
Justice Okwany ruled that Wahinya had demonstrated exceptional grounds and granted him bail of Sh5 million in cash or two sureties each worth Sh10 million, subject to verification.
He was also required to surrender his passport to the court unless he receives permission to travel.
The judge further directed that the consolidated appeals be prioritised for hearing.
The case will return to court on April 14, 2026.
