Former Kiambu Governor Ferdinand Waititu has asked the court to allow him to pay his Sh74.249 million fine in instalments, arguing that his financial circumstances do not allow him to settle the entire amount at once.
Waititu, who is currently serving his sentence at Kamiti Maximum Security Prison, has proposed paying Sh20 million upfront, followed by monthly instalments of Sh1 million until the outstanding amount is cleared.
Through his lawyer, Chris Mutuku, the former governor has also offered to execute a bond and deposit title deeds or other security acceptable to the court to guarantee payment of the balance.
The application, dated November 10, 2026, seeks to have the matter certified as urgent and heard on an expedited basis.
Waititu is relying on Section 336(3) of the Criminal Procedure Code, which gives courts discretion to allow convicted persons to settle fines through instalments at intervals and amounts determined by the court.
He argues that the trial court did not conduct an inquiry into his ability to pay before imposing the financial penalties. He maintains that his current financial position makes it impossible to raise the entire amount in a single payment.
The former governor further argues that allowing him to pay in instalments would not prejudice the State, but would ease the hardship caused by his continued imprisonment over the unpaid fines.
In support of his application, Waititu says he demonstrated over the seven years the case was pending that he was not a flight risk.
He has also cited his age and ill-health, arguing that if his appeal succeeds, the additional time spent in prison because of his inability to pay the fines would cause harm that could not be undone through compensation or damages.
The Sh74.249 million penalty arises from Waititu’s conviction in the corruption case involving the irregular award of a Kiambu County road construction contract worth approximately Sh588.7 million to Testimony Enterprises Limited.
The original penalties included a Sh1 million fine and a mandatory Sh51.249 million fine under the Anti-Corruption and Economic Crimes Act, alongside additional fines imposed on other counts.
The financial penalties increased after the High Court overturned Waititu’s acquittal on three money laundering counts in October 2026, paving the way for further convictions and sentencing.
On November 2, 2026, Milimani Anti-Corruption Chief Magistrate Harrison Barasa imposed additional fines totalling Sh21 million on Waititu over the three money laundering offences.
The additional penalties related to transactions involving more than Sh25 million, with the fines imposed at Sh10 million, Sh6 million and Sh5 million across the three counts. The default prison sentences were directed to run concurrently.
Waititu is challenging his conviction and sentence through an appeal, which remains pending before the court.
He now wants the court to approve his proposed payment arrangement, allowing him to settle the fines without having to raise the full amount immediately.
