High Court Reviews Waititu’s Graft Case, Frees Him
Former Kiambu Governor Ferdinand Waititu is now free after the High Court changed his bail conditions pending the outcome of his appeal in the Sh588 million Kiambu road bribery case.
His lawyer, Jeremy Njenga, stated the development in court on Thursday, when the case was brought before the High Court Anti-Corruption and Economic Crimes Division.
“I am holding brief for the appellant who is now a free man thanks to your orders,” Njenga told the court.
He was referring to previous instructions, which reviewed Waititu’s bond terms and cleared the path for his release from Kamiti Maximum Prison.
Former Kiambu Governor Ferdinand Waititu has been released from prison after the High Court reviewed his bail terms pending the hearing and determination of his appeal in the Sh588 million Kiambu roads graft case. #starkenyanews pic.twitter.com/rymhFDhLkr
— TheStarKenya (@TheStarKenya) March 5, 2026
The former governor had been serving his sentence since his conviction in February 2025 for the illegal allocation of a Sh588 million road tender in Kiambu County.
Waititu was previously granted a respite by Justice Wilfrida Okwany after she allowed an application for a reconsideration of the bail terms pending appeal.
The court reviewed the original bond terms, lowering the bail requirement and allowing him to be released while he appeals his conviction and punishment.
The judge set bail at Sh20 million cash, down from the previous demand of a Sh53 million bond with a bank guarantee, which had kept the former governor in detention.
The mention on Thursday also addressed applications made by Waititu’s co-appellants in the same case, including former Kiambu County Chief Officer for Transport Luka Mwangi Wahinya and businessman Charles Chege Mbuthia, a director of Testimony Enterprises Limited.
The court indicated that the matters relating to the three appellants would be mentioned together on April 14, 2026, given that their appeals arise from the same trial and have been consolidated.
During the session, Justice Okwany delivered two separate rulings touching on the appeals of Mbuthia and Wahinya.
In Mbuthia’s case, the court allowed an application seeking leave to introduce additional evidence in the appeal.
Mbuthia had requested the court to admit 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 raises questions about the prosecution’s narrative that the contractor fraudulently acquired public funds.
“The applicant contends that the contractor was owed Sh113.6 million by the Kiambu County Government and that the prosecution’s narrative of fraudulent acquisition is inconsistent with the financial findings contained in the said report,” Justice Okwany stated.
The judge noted that the report directly addresses the charges that formed the basis of Mbuthia’s conviction and could influence the court’s determination of the appeal.
However, the prosecution opposed the application.
Through state counsel Faith Miller, the Director of Public Prosecutions argued that the application was res judicata (already determined) and that the court had already ruled on a similar request earlier.
The prosecution also contended that the audit report could not qualify as new evidence because it had allegedly been served in a related civil matter on February 6, 2020.
Despite the objections, Justice Okwany allowed the application, holding that the interests of justice favoured admitting the additional evidence.
“The audit report concerns the same financial transactions, and in my view, it is useful in the determination of the appeal,” the judge ruled.
“Without consideration of the report, the court risks an incomplete evaluation of the evidence.”
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She further observed that the potential prejudice to the appellant if the evidence was excluded was greater than the prejudice to the prosecution if it was admitted.
Okwany also found that the report was prepared during investigations and existed at the time of the trial, but its disclosure during the criminal proceedings had not been demonstrated.
The judge emphasised that Article 50(2)(j) of the Constitution guarantees an accused person the right to disclosure of all relevant material, including evidence that may be favourable to the defence.
As a result, the court dismissed the prosecution’s preliminary objection and granted Mbuthia leave to adduce the audit report as part of the appeal record.
The prosecution was given 30 days to file any response or rebuttal evidence, including calling the author of the report for cross-examination if necessary.
High Court Reviews Waititu’s Graft Case, Frees Him
