Court upholds Waititu conviction, reinstates money laundering charges

NAIROBI, Kenya, Oct 15 — Former Kiambu Governor Ferdinand Waititu faces renewed legal jeopardy after the High Court upheld his corruption convictions and overturned his acquittal on money laundering charges linked to a Sh588 million county road tender.

In a judgment delivered on October 14, 2026, Anti-Corruption and Economic Crimes Court judge Rose Ougo upheld the convictions and sentences of Waititu, his wife Susan Wangari Ndungu and two associates over irregularities in a contract awarded by the Kiambu County Government during the 2017/2018 financial year.

The decision also reinstated the money laundering charges against the accused, a development the Ethics and Anti-Corruption Commission (EACC) described as significant in efforts to trace suspected proceeds of corruption.

“The Commission particularly lauds the court’s decision to overturn the lower court’s acquittal of the accused persons on money laundering charges, a key element in the Commission’s investigations in an attempt to follow the money,” EACC said.

The reinstatement renews focus on the financial trail behind the road contract, as the commission pursues separate proceedings to recover assets and funds allegedly linked to corruption.

The case arose from investigations launched in 2019 into allegations that Kiambu County had irregularly awarded Testimony Enterprises Limited a Sh588 million contract to upgrade gravel roads to bitumen standards in Thika, Limuru, Gatundu North, Juja and Ruiru sub-counties.

Waititu and his co-accused were convicted on February 12, 2025, of offences including conflict of interest, dealing with suspicious property, abuse of office, fraudulent procurement practices and wilful failure to comply with procurement laws and regulations.

Those whose convictions were upheld include Ndungu, former Kiambu County Chief Officer for Roads, Transport, Public Works and Utilities, Luka Mwangi Wahinya, and Charles Chege Mbuthia, a director of Testimony Enterprises Limited.

EACC pursues Sh170mn recovery

Beyond the criminal proceedings, EACC is pursuing a separate civil case seeking to recover Sh170 million from Waititu and Testimony Enterprises Limited as alleged proceeds of corruption. The case remains pending determination.

The commission has also secured forfeiture orders in a separate unexplained wealth case involving assets valued at approximately Sh131.2 million linked to Waititu and associated parties.

In December 2025, the Anti-Corruption Court ordered the forfeiture of assets that included properties in Thindigua valued at about Sh64 million, a Caterpillar machine worth approximately Sh11 million, two motor vehicles, property associated with Ndungu valued at about Sh3 million, and property associated with Saika Two Estate Developers Limited valued at approximately Sh52 million.

The forfeiture proceedings and the Sh170 million recovery suit are separate from the criminal case arising from the road tender.

The matter is scheduled to return to court on October 19, 2026, for mitigation and sentencing on the reinstated money laundering charges, according to EACC.

​Bruhan Makong is a Senior News Reporter for Capital FM in Nairobi, covering diplomacy, foreign policy, national security, climate, and human rights across East Africa and the wider region.