Former Kiambu Governor Ferdinand Waititu, popularly known as Baba Yao, will remain in custody after the High Court rejected his request to substitute a bank guarantee bond with a cash deposit.
Through his lawyer, Chris Mutuku, Waititu on Wednesday made an oral application before Justice Lucy Njuguna seeking a review of his bond terms.
Waititu is serving a prison sentence following his conviction on corruption charges involving Sh588 million in February.
He was, however, granted a Sh53 million bank guarantee bond pending the hearing of his appeal
His lawyer told the court that the former county chief had been unable to raise the bank guarantee, alleging that commercial banks had declined to provide the facility.
Mutuku argued that this had made it practically impossible for his client to secure release from custody, despite the bond previously granted.
He further submitted that Waititu, who has been receiving treatment at Kenyatta National Hospital, remained in custody and urged the court to consider more manageable terms.
“This application is necessitated by the fact that banks have declined to provide the guarantee. My client has been under Kenyatta National Hospital receiving treatment and remains under custody despite the orders previously granted. We urge this court to consider substitution with a cash deposit,” Mutuku said.
Justice Njuguna, however, dismissed the request, noting that it was the third such application by Waititu’s legal team
The judge emphasised that he had already been generous in granting the earlier application and that the court would not consider repeated attempts to vary bond terms at the expense of expediting the pending appeal.
“I will not allow your application. It was your third application, and the court granted it. The others are also in custody. There were complaints that the matter is taking too long, and it is on that basis that I gave 120 days. For purposes of record, the 120 days start running today,” ruled Justice Njuguna.
The judge added that the court’s priority was to hear and determine the consolidated appeals rather than handle numerous applications related to bond conditions.
“I said we don’t make any other applications but concentrate on the appeal. We hear it and get it out of our way. I did the best I could with the materials before me, which persuaded me earlier. My ruling is that I have declined the application,” Justice Njuguna declared.
The judge, however, directed the lawyer to renew the application on Monday, October 6, 2025.
The court also noted that directions on the consolidation of the appeal cases will be issued on the same date.
