Waititu, who has been behind bars following his conviction earlier this year, appeared before Magistrate Rose Ndobi on Tuesday, November 18.
His lawyer informed the court that the former governor had finally secured a bank guarantee that would enable him to meet the financial requirements tied to his release.
After reviewing the documents, Magistrate Ndobi ruled that the court had no objection to Waititu leaving prison as long as he fully complies with the earlier bond terms.
After reviewing the documents, Magistrate Ndobi ruled that the court had no objection to Waititu leaving prison as long as he fully complies with the earlier bond terms.
This means that once he pays the Ksh53 million bond set during his sentencing, he can walk out of Kamiti while his appeal continues.
“The court has no objection to the accused being released on the previously issued bond terms, as long as he meets all the conditions attached to them,” the Magistrate stated.
“The court has no objection to the accused being released on the previously issued bond terms, as long as he meets all the conditions attached to them,” the Magistrate stated.
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“Therefore, he can be released on bond.”
However, the court clarified that the bond conditions in Waititu’s separate hate speech case remain active and must also be honoured.
The Magistrate emphasized that the former governor cannot be released unless all cases in which he has pending conditions are satisfied.
Waititu’s legal troubles escalated on February 13, 2025, when the Milimani Anti-Corruption Court handed him a 12-year prison sentence or, alternatively, a Ksh53.5 million fine. His wife, Susan Wangari, was also fined Ksh500,000 in the same case.
Chief Magistrate Thomas Nzioki found the couple guilty of fraud and conflict of interest involving a Ksh588 million road tender awarded during Waititu’s time as Kiambu governor.
Waititu’s legal troubles escalated on February 13, 2025, when the Milimani Anti-Corruption Court handed him a 12-year prison sentence or, alternatively, a Ksh53.5 million fine. His wife, Susan Wangari, was also fined Ksh500,000 in the same case.
Chief Magistrate Thomas Nzioki found the couple guilty of fraud and conflict of interest involving a Ksh588 million road tender awarded during Waititu’s time as Kiambu governor.
The court ruled that the two had benefited illegally through a company linked to them.
The case, which dates back to 2018, had attracted national attention because it highlighted deep concerns about procurement irregularities and public fund misuse within county governments.
The case, which dates back to 2018, had attracted national attention because it highlighted deep concerns about procurement irregularities and public fund misuse within county governments.
After the sentencing, Waititu was transferred to Kamiti Maximum Prison, where he has remained until now.
In September, Waititu suffered a blow when the High Court dismissed his request for a sentence review.
In September, Waititu suffered a blow when the High Court dismissed his request for a sentence review.
Lady Justice Lucy Njuguna threw out an application he filed on August 28 seeking to overturn the 12-year prison term imposed by the anti-corruption court.
Justice Njuguna ruled that the conviction and sentencing were lawfully reached and should remain in place unless overturned through the proper appeal process. She ordered that Waititu’s appeal be fast-tracked and concluded within 120 days.
The judge warned that any delay on the part of Waititu or his legal team could lead to the appeal being dismissed entirely.
While the latest ruling from Magistrate Ndobi offers relief, it does not cancel Waititu’s conviction. The former governor would only be out of prison temporarily as his appeal is heard in court.
Justice Njuguna ruled that the conviction and sentencing were lawfully reached and should remain in place unless overturned through the proper appeal process. She ordered that Waititu’s appeal be fast-tracked and concluded within 120 days.
The judge warned that any delay on the part of Waititu or his legal team could lead to the appeal being dismissed entirely.
While the latest ruling from Magistrate Ndobi offers relief, it does not cancel Waititu’s conviction. The former governor would only be out of prison temporarily as his appeal is heard in court.
The bond essentially allows him freedom while the legal process continues.
Legal experts note that compliance with all bond conditions will be key. Any violation—including missing court dates—could land the former governor back in custody. Additionally, his hate speech matter, which has separate bond terms, still binds him.
Once Waititu completes payment of the Ksh53 million bond and meets the other bond obligations, prison authorities will process his release.
Legal experts note that compliance with all bond conditions will be key. Any violation—including missing court dates—could land the former governor back in custody. Additionally, his hate speech matter, which has separate bond terms, still binds him.
Once Waititu completes payment of the Ksh53 million bond and meets the other bond obligations, prison authorities will process his release.
His appeal hearing—ordered to be concluded within 120 days by the High Court—will then determine whether his conviction stands or is overturned.
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