Waititu seeks reduction of Sh53.5 million bail, Cites terms "impossible"

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Former Nairobi Governor Ferdinand Ndungu Waititu Babayao has asked the High Court to lower his bail, claiming the Sh53.5 million bank guarantee set in July 2025 is impossible to secure.

Through his lawyer, Chris N. Mutuku, Waititu is requesting that the amount be replaced with a cash deposit of Sh20 million or another sum the court finds appropriate

The application cites the “Doctrine of Impossibility,” arguing that forcing him to meet the original conditions effectively denies him the right to bail.

Ferdinand waititu/photo/files

The former governor also highlights his advanced age and ill-health, warning that remaining in custody while his appeal is pending could cause irreparable harm. 

Waititu also adds that he has faithfully followed court orders for over five years and poses no flight risk.

Filed under Section 357(1) of the Criminal Procedure Code, the motion asks the court to treat the matter as urgent and hear it ex-parte, allowing for immediate review before the Prosecution responds.

Ferdinand Waititu/photo /files

The application references Kiswili v Republic [2023] to affirm the High Court’s authority to review its own bail orders, arguing that the doctrine of functus officio should not block a review in light of the changed circumstances.

Waititu’s legal team stresses that while bail was initially granted, the prohibitive financial terms now effectively deny him liberty. 

He is also urging the court to adjust the conditions so he can await the outcome of his appeal outside custody.

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