The Director of Public Prosecutions (DPP) has appealed the recent acquittal of former Kiambu Governor Ferdinand Ndung’u Waititu in a money laundering case. The appeal comes just a week after the Nairobi Anti-Corruption Court, on February 13, 2025, cleared Waititu of the charges.
In a filing before the High Court’s Anti-Corruption and Economic Crimes Division, the DPP argues that the trial magistrate made errors in both law and fact by acquitting Waititu and his co-accused despite what the Prosecution terms “overwhelming evidence.” The Prosecution insists that the case against Waititu was strong enough to warrant a conviction and is now seeking the High Court’s intervention to overturn the acquittal.
The DPP contends that the trial magistrate wrongly determined that although there was sufficient evidence of money laundering, Waititu should be considered the “originator” of corruption offences rather than a direct participant. The appeal further states that his actions fell under the Anti-Corruption and Economic Crimes Act (ACECA) and the Proceeds of Crime and Anti-Money Laundering Act (2009).
In its legal challenge, the DPP has outlined twelve key grounds upon which it is seeking a reversal of the acquittal. Among these, the Prosecution maintains that Waititu knowingly engaged in a scheme to launder Ksh. 12,410,500 between July 2, 2018, and March 2019. The funds were allegedly funneled from Testimony Enterprises Limited to Saika Two Estate Developers Limited in an attempt to disguise their illicit origins.
Despite his acquittal on the money laundering charges, the former governor remains convicted on other corruption-related offences. The Anti-Corruption Court sentenced him to 12 years in prison or a fine of Ksh. 53 million after finding him guilty of conflict of interest and dealing with suspected property. His conviction is based on multiple sections of ACECA, including Section 42(3) and Section 47(1).
Waititu’s legal troubles stem from a series of corruption allegations during his tenure as Kiambu Governor. His administration was plagued by accusations of financial misconduct, leading to his impeachment by the Kiambu County Assembly in 2019. The latest developments suggest that his legal battles are far from over, as the High Court now prepares to review the DPP’s appeal.
The outcome of this appeal could set a precedent for high-profile corruption cases in Kenya, reinforcing the state’s commitment to accountability and the fight against graft.
