Former Kiambu Governor Ferdinand Waititu…Photo /courtesy
By IP reporter
A bank guarantee is a written financial commitment issued by a bank on behalf of an accused person, assuring the court that a specific sum of money will be paid if the accused fails to comply with bail/bond conditions.
In Kenya’s criminal justice system, courts may grant bail on different terms, including:
Cash bail
Bond with surety
Bank guarantee
When the court orders a bank guarantee, as in the case of former Kiambu Governor Ferdinand Waititu, it means:
1. The accused does not have to deposit cash directly with the court.
Instead, the bank provides a security document confirming it will pay the ordered amount if the accused absconds or breaches bail terms.
2. The bank takes responsibility to ensure appearance in court.
The bank acts like a financial surety — legally bound to settle the amount if the accused fails to show up.
3. It protects the court from financial loss while allowing the accused temporary freedom pending trial.
Why Would the Court Prefer a Bank Guarantee?
It ensures high-level accountability, especially in cases involving public officials or large financial crimes.
It avoids disruption of the accused’s finances while still holding them to strict compliance.
Banks carry out due diligence to ensure the accused is a low-risk client.
Summary in Legal Terms
A bank guarantee is a form of security where a bank undertakes to pay the court the bail amount if the accused fails to attend court or violates any bail condition.
It is legally enforceable against the bank, not just the accused, providing the judiciary stronger financial assurance.
In Waititu’s Context
Granting bail with a bank guarantee:
Affirms his right to liberty under Article 49 of the Constitution (presumption of innocence).
Protects public interest, especially where corruption or misappropriation of funds is alleged.
Maintains judicial oversight, ensuring he returns to court as required.
