Waititu seeks release from prison to pay Sh74.2m fines in instalments

Jailed former Kiambu Governor Ferdinand Waititu has asked the court to allow him to pay Sh74.2 million in fines through instalments, saying he cannot afford to settle the amount at once while serving his prison sentence.

Waititu, who is currently incarcerated at Kamiti Maximum Security Prison wants the Milimani Anti-Corruption Court to accept an initial payment of Sh20 million, followed by monthly instalments of Sh1 million until the outstanding amount is cleared.

In an application filed through his lawyer Christopher Ndolo Mutuku, the former governor says the fines imposed against him in the conflict of interest and money laundering charges in the road tender corruption case have accumulated to a personal fine of Sh74,249,000.

Waititu is also seeking to be released on bail and bond pending the determination of his application, arguing that his freedom would enable him to mobilise resources and settle the fines through the proposed instalment arrangement.

He wants the court to allow him to execute a bond and provide security for the outstanding balance through title deeds or other acceptable guarantees to ensure he honours the payment commitment.

"That I pray that should the Court look favourably at my application, I seek to be admitted to bail and bond, conditional upon my complying with the terms of the settlement herein," he states in the affidavit.

In his supporting affidavit sworn on November 6, 2026, Waititu says he is seeking the arrangement to comply with the court's orders despite his financial difficulties.

"That notwithstanding and for purposes of complying with the Orders of the Court on the fines imposed, I pray that this Hon. Court allows me to settle the fines imposed through staggered instalments," he states.

Waititu says the proposed arrangement would enable him to clear the entire amount within a period shorter than the default prison sentences imposed against him.

"That this brings the duration of the entire amount to less than the duration of the default sentence, which is fairly reasonable in the circumstances," he states.

The former governor argues that his continued incarceration does not benefit the State and instead places an additional burden on taxpayers.

"That other than the fact that my continued incarceration will not benefit the State in any way (and in fact places a burden on the tax payer), no prejudice will be suffered by the granting of these Orders," he says.

He further argues that he has not exhausted the appeal process and remains hopeful that the Court of Appeal could overturn his conviction.

"That I am also aware that the purpose of admission to bail is to secure my attendance in Court and I verily affirm that I am neither a flight-risk nor have I previously conducted myself in such a manner as would create doubt in the mind of the Court that I might not honour the terms of my bond," he states.

Waititu also maintains that he has complied with court conditions for more than seven years during the proceedings and should not be treated as a flight risk.

The financial penalties arise from Waititu's conviction in the Sh588.7 million Kiambu County road tender scandal involving Testimony Enterprises Limited.

In February 2025, Waititu was convicted on four counts in the Sh588 million Kiambu County road tender scandal, including conflict of interest and dealing with suspect property, after the court found that he had used his position as governor to acquire an indirect personal benefit of Sh25.6 million from Testimony Enterprises Limited, channelled through his company, Saika Two Estate Developers.

Waititu was sentenced to 12 years in prison or pay Sh53,749,000 in fines. The sentence included a mandatory fine of Sh51,249,000, representing twice the Sh25,624,500 he was found to have indirectly benefited from through Testimony Enterprises Limited, or seven years in prison in default. 

He was also fined Sh1 million for conflict of interest and Sh500,000 on each of three counts of dealing with suspect property.

On October 14, 2026, High Court Judge Rose Ougo upheld his conviction and sentence while allowing the State's cross-appeal against his acquittal on three money laundering counts.

Following the decision, Chief Magistrate Harrison Barasa on November 2 imposed additional fines totalling Sh21 million against Waititu over three money laundering counts.

The additional penalties comprised Sh10 million for laundering Sh12.4 million, Sh6 million for laundering Sh7.2 million and Sh5 million for laundering Sh6 million. 

The default sentences were five years, four years and four years respectively.

Waititu argues that the combined financial penalties have become too heavy for him to settle at once, particularly because he is already serving a prison sentence.

He has also cited his advanced age and alleged ill-health, arguing that continued incarceration could cause irreversible damage should his appeal eventually succeed.

In his affidavit, he states that his appeal raises substantial questions of law and fact and that he has a realistic chance of being acquitted.

"That I have an arguable appeal with high chances of success, which is grounded – but not limited to – upon," he states, listing several grounds challenging his conviction.

Among the issues he intends to challenge is the legality of the mandatory fines imposed under the Anti-Corruption and Economic Crimes Act, arguing that his punishment was disproportionate.

He also contends that the Kiambu County Government did not suffer any financial loss through the disputed tender award, an argument he intends to pursue before the appellate court.

The application is anchored on Section 336 of the Criminal Procedure Code, which empowers courts to allow payment of fines in instalments and, under specified circumstances, suspend imprisonment imposed in default of payment.

Under the provision, failure to pay an instalment can make the entire outstanding amount immediately due, while the court retains powers to review payment arrangements.

The application is pending directions and hearing.