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Originally published by Capital News
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February 18, 2026
4h ago

Why the court dropped Waititu’s Sh53.5mn bank guarantee

Why the court dropped Waititu’s Sh53.5mn bank guarantee

High Court dropped Waititu’s Sh53.5mn bank guarantee after ruling bail must be “real and effective,” replacing it with Sh20mn cash bail pending appeal...

✨ Key Highlights

The High Court has dropped the Sh53.5 million bank guarantee previously imposed on former Kiambu Governor Ferdinand Ndung’u Waititu Babayao, citing that a bail condition proving practically unattainable defeats the purpose of bail pending appeal. Waititu had remained in custody for seven months, unable to meet the initial condition set on July 31, 2025.

  • The court ruled that Waititu’s continued incarceration for seven months represented a "new material consideration."
  • Justice Wilfrida Okwany clarified that the court was not functus officio, retaining jurisdiction to review bail orders.
  • The court lowered the bail conditions to Sh20 million cash bail or two sureties of Sh30 million each.

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