High Court upholds Waititu’s conviction, reinstates money laundering charges

The Ethics and Anti-Corruption Commission (EACC) has welcomed the High Court’s decision to uphold the conviction and sentence of former Kiambu Governor Ferdinand Waititu, his wife and their associates in an appeal against their conviction for corruption-related offences.

In her judgment delivered on October 14 2026, Lady Justice Rose Ougo of the Anti-Corruption and Economic Crimes Court upheld the convictions of Waititu, his wife, Susan Wangari 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.

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.

The case arose from investigations launched in 2019 following allegations that the County Government of Kiambu had irregularly awarded Testimony Enterprises Limited a contract worth Ksh 588 million to upgrade gravel roads to bitumen standards in Thika, Limuru, Gatundu North, Juja and Ruiru sub-counties during the 2017/2018 financial year.

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.

In a separate unexplained wealth case filed by the Commission, the Anti-Corruption Court in December 2025 ordered the forfeiture of assets valued at approximately Ksh 131.2 million linked to Waititu and associated parties.

The assets included properties in Thindigua valued at about Kes64 million, a Caterpillar machine worth approximately Ksh 11 million, two motor vehicles, property associated with Susan Wangari Ndungu valued at about Ksh 3 million, and property associated with Saika Two Estate Developers Limited valued at approximately Ksh 52 million.

EACC is also pursuing a separate civil case seeking to recover Ksh 170 million from Waititu and Testimony Enterprises Limited as alleged proceeds of corruption. The case is pending determination.

The matter will proceed for mitigation and sentencing on the money laundering charges on October 19, 2026, at the Anti-Corruption Magistrate’s Court.

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