The former Kiambu County boss claims his medical condition and financial ruin make the court's bail terms a "death sentence" in disguise.

The saga of Ferdinand "Babayao" Waititu has taken another dramatic turn in the corridors of the Milimani Law Courts. The former Kiambu Governor, once a titan of Kiambu politics known for his street-brawling style, is now fighting a battle for his freedom that hinges on a figure: Sh53.5 million. On February 16, 2026, Waititu's legal team filed an urgent application seeking a review of his bail terms, arguing that the astronomical bank guarantee required for his release pending appeal is simply unattainable.

Waititu, who was sentenced to 12 years in jail (or a fine of the same Sh53.5 million amount) for his role in the Ksh 588 million road tender graft case, has been languishing in prison. His lawyers argue that the bail terms set by the High Court are effectively a denial of bail. "My client is not a flight risk, but he is also not a walking bank," his defense argued, painting a picture of a man whose political fall has been accompanied by financial ruin.

The "Unattainable" Guarantee

The core of Waititu's application is the High Court's demand for a Sh53.5 million bank guarantee. In Kenya's banking sector, securing such a guarantee requires 100% cash cover or high-value collateral—assets Waititu claims he can no longer marshal. The Ethics and Anti-Corruption Commission (EACC) has systematically targeted his assets, leaving him, he claims, financially paralyzed.

Furthermore, Waititu has played the "health card." His application cites deteriorating medical conditions that cannot be adequately managed within the prison system. This is a classic legal maneuver in high-profile Kenyan corruption cases, where the prison sick bay often becomes the waiting room for bail reviews. However, the courts have become increasingly skeptical of these claims, with the High Court previously noting that prison facilities are equipped to handle most ailments.

A Symbol of the Graft War

Waititu's case is not just about one man; it is a litmus test for the judiciary's resolve in the war on graft. The Ksh 588 million tender for the upgrading of Saika-Dandora-Githurai roads was a flagship scandal. The court found that Waititu, his wife Susan Wangari, and their trading companies received kickbacks from the contractor, Testimony Enterprises Ltd. The conviction was hailed as a landmark victory for the Office of the Director of Public Prosecutions (ODPP).

If the court reduces the bail significantly, it risks public outcry that the "big fish" are treated with kid gloves. If it maintains the high bar, it sets a precedent that the proceeds of crime must be coughed up before freedom is tasted. The High Court has previously rejected his bail request, stating he failed to present sufficient grounds. This fresh "review" is a Hail Mary pass.

The Political Afterlife

As Waititu fights for temporary freedom, his political capital has all but evaporated. The man who once commanded the streets of Embakasi and Kiambu is now a cautionary tale of the ephemeral nature of power. His plea of poverty contradicts the image of the wealthy baron he once projected. For the residents of Kiambu, who saw their county's resources plundered, there is little sympathy. The roads he was meant to build remain, in many places, monuments to the theft.

The ruling on this review will be watched closely. It will determine whether "Babayao" spends the next decade behind bars or manages to maneuver his way back to the chaotic freedom of the Kenyan political scene. For now, the figure Sh53.5 million stands as a wall he cannot climb.