Former Kiambu Governor Ferdinand Ndung’u Waititu has told a Nairobi court that he has secured a bank guarantor as he works to meet the financial condition tied to his release in a corruption case that saw him jailed at Kamiti Maximum Prison.
Waititu, who has been in custody since February, appeared before Trial Magistrate Rose Ndobi on Tuesday during the mention of his separate hate-speech case, where his lawyer confirmed that he had obtained a Sh53 million bank guarantee.
The court said that once the Sh53 million guarantee is deposited, Waititu may be released, as his bond terms in the hate-speech case remain valid. Magistrate Ndobi then fixed the hearing of the hate-speech matter for January 15, 2026.
According to the charge sheet, the former county boss is accused of making inflammatory remarks on September 29, 2024, at Ruiru Stadium in Kiambu County.
The statements were said to have been directed at groups such as hustlers, market vendors, boda boda riders, clergy, and teachers, with claims that the words were meant to provoke a breach of peace and imply violent outcomes against political actors.
Prosecutors say the alleged actions fall under Section 94(1) of the Penal Code, which deals with offensive conduct likely to stir public disorder.
During the same session, Principal Magistrate Rose Ndombi reaffirmed the earlier bond terms issued in the offensive conduct case, explaining that the High Court’s financial requirement of Sh53 million must first be met.
This means Waititu is expected to lodge the Sh53 million bank guarantee before he can be released, while his bond terms in the hate-speech case will continue to stand.
Waititu told the court he has already arranged for a guarantor to make the deposit. The court, in its position, raised no objection to him being freed once he meets the required conditions.
“This court has no objection to the defendant being released on earlier issued bond terms, subject to his complying with the other terms of the bond issued by the court,” Judge Ndombi said. After the payment, he will remain out on bond as the hate-speech case proceeds.
The next hearing date was confirmed as January 15, 2026.
The recent development comes a little over a month after the High Court dismissed Waititu’s third attempt to have his bond reviewed, where he sought to replace the Sh53 million bank guarantee with a cash deposit.
Justice Lucy Njuguna turned down the request, saying that altering the terms would slow down the case.
“I will not vary those orders. Honestly, I did the best I could based on the material placed before me. You placed material that persuaded me, and I was gracious enough to grant those orders,” she said.
“That’s why I gave 120 days, and for the record, the 120 days start from today. It’s on that basis that I said no more fresh applications should be made so that we concentrate on the appeal and get it out of the way."
Waititu was convicted in February for failing to safeguard public funds after allegedly receiving Sh25 million from a company following an unlawful tender award.
The court ordered him to either pay a fine of Sh53.5 million or serve a 12-year prison term. He has been serving the sentence while seeking adjustments to the financial terms set by the court.
