Former Kiambu Governor Ferdinand Waititu is now seeking a review of his bail terms, proposing that the amount be reduced from KSh53 million to Sh20 million or, in the alternative, be secured through property such as land or motor vehicles.
Through his lawyers, Waititu told the court on February 16, 2025 that he has been unable to secure the bank guarantee earlier ordered as part of his release conditions.
The defence argued that it has now been seven months since the ruling was issued and the former county boss has faced challenges in complying with the requirement for a bank guarantee.
Counsel submitted that since Waititu was already admitted to bail, the main consideration before the court should be whether he has been attending court as required and whether the terms imposed remain reasonable in the circumstances.
The defence maintained that he has consistently attended court sessions and is not a flight risk.
They proposed a review of the bail terms to KSh20 million or alternative security in the form of land or vehicles of equivalent value, urging the court to exercise its discretion in favour of the applicant.
However, the prosecution opposed the application.
State Counsel Mwamburi, appearing for the Director of Public Prosecutions (DPP), told the court that the State is objecting to the application, arguing that the applicant has not satisfied the legal threshold required to warrant a review of the earlier orders.
Mwamburi said submissions in the matter are scheduled for later this month and insisted the defence has not demonstrated any new or compelling circumstances to justify interference with the existing bail conditions.
On the issue of the proposed Sh20 million bail, the prosecution pointed out that the amount was initially part of the application but was later abandoned, only for it to be reintroduced in the current plea for review.
“This change does not necessarily meet the conditions for review,” Mwamburi submitted.
“It seems he keeps moving from one prayer to another without enough substance,” the DPP added.
The court is expected to give it’s ruling on 18 of this month.
