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Former Kiambu Governor Ferdinand Waititu has been released after the High Court revised his bail conditions while he awaits the outcome of his appeal in the Sh588 million Kiambu roads corruption case.
During a court mention on Thursday at the High Court Anti-Corruption and Economic Crimes Division, Waititu’s lawyer, Jeremy Njenga, informed the court that his client had regained his freedom following the revised orders.
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“I am holding brief for the appellant who is now a free man thanks to your orders,” Njenga told the judge, referring to earlier directions that altered Waititu’s bond terms and facilitated his release from Kamiti Maximum Prison.
Waititu had been serving a sentence after he was convicted in February 2025 over the irregular award of a Sh588 million road construction tender in Kiambu County.
Justice Wilfrida Okwany had earlier allowed an application seeking a review of the bail terms pending the hearing of the appeal. In her decision, the judge adjusted the bond requirements, lowering the amount and allowing the former governor to secure his release while pursuing his appeal against both conviction and sentence.
The court set new bail terms at Sh20 million cash, replacing the earlier condition that required a Sh53 million bond supported by a bank guarantee — terms that had kept Waititu behind bars.
The Thursday session also addressed applications by Waititu’s co-appellants in the case, including Luka Mwangi Wahinya, the former Kiambu County Chief Officer for Transport, and businessman Charles Chege Mbuthia, a director of Testimony Enterprises Limited.
The court directed that the appeals of the three individuals be mentioned together on April 14, 2026, since they arise from the same trial and have already been consolidated.
During the proceedings, Justice Okwany issued two additional rulings concerning the appeals of Mbuthia and Wahinya.
In Mbuthia’s case, the court approved a request to introduce additional evidence into the appeal. The evidence is an audit report titled “Report of Findings on the Upgrading of Various Gravel Roads to Bituminous Surface in Kiambu County Contracts.”
Mbuthia’s defence team argued that the report raises doubts about the prosecution’s claim that the contractor fraudulently obtained public funds. According to the defence, the report indicates that the Kiambu County Government actually owed the contractor Sh113.6 million.
Justice Okwany noted that the report relates directly to the charges that led to Mbuthia’s conviction and could influence the court’s final decision in the appeal.
However, the prosecution opposed the application. State counsel Faith Miller, representing the Director of Public Prosecutions, argued that the matter had already been decided earlier and that the audit report could not be considered new evidence since it had allegedly been shared in a related civil case in February 2020.
Despite the objection, the judge ruled that admitting the report would serve the interests of justice.
“The audit report concerns the same financial transactions, and in my view it is useful in determining the appeal. Without considering the report, the court risks making an incomplete evaluation of the evidence,” Justice Okwany said.
She also observed that excluding the evidence could cause greater prejudice to the appellant than admitting it would cause to the prosecution.
The judge further noted that although the report existed during the investigation and trial period, there was no proof it had been disclosed during the criminal proceedings.
She emphasized that Article 50(2)(j) of the Constitution guarantees an accused person the right to access all relevant evidence, including material that could assist the defence.
As a result, the court dismissed the prosecution’s objection and granted Mbuthia permission to include the audit report as part of the appeal record. The prosecution was given 30 days to respond or present rebuttal evidence, including calling the report’s author for cross-examination if necessary.
In another ruling, the court also granted Wahinya bail pending appeal. Wahinya had requested the court to reconsider earlier orders issued on March 4, 2025, which had denied him bail.
He told the court that his wife had been diagnosed with multiple myeloma, a serious cancer, and urgently required treatment, including a bone marrow transplant in India. Wahinya argued that his presence was necessary to support his family emotionally and financially during the treatment process.
The Director of Public Prosecutions did not oppose the application, stating that it was conceding to the request in the interest of fairness.
Justice Okwany ruled that Wahinya had demonstrated a significant change in circumstances and established exceptional grounds to justify reviewing the earlier decision.
The court ordered his release on Sh5 million cash bail or, alternatively, two sureties each backed by property worth Sh10 million, subject to verification by the Deputy Registrar.
Wahinya was also directed to deposit his passport with the court unless granted permission to travel.
The judge further instructed that the consolidated appeals be scheduled for hearing on a priority basis.
The case will be mentioned again on April 14, 2026.
