Former Kiambu governor Ferdinand Waititu suffered a blow yesterday after the High Court barred him from selling or transferring 18 parcels of land and several vehicles suspected to have been acquired through corruption.
High Court judge Esther Maina issued a temporary order barring Mr Waititu and his spouse Susan Wangari from transferring the parcels of land in Nairobi, Kiambu and Kitengela, pending the determination of the case filed by the anti-graft agency.
The court further restrained Mr Waititu from collecting rent from Bienvenue Delta Hotel and allowed the Ethics and Anti-Corruption Commission (EACC) to appoint a receiver to manage the property and collect rent as required by section 56(a) of the Anti-Corruption and Economics Crimes Act.
“I have considered the submissions and cases cited and concluded that there is a prima facie case. The applicant (EACC) is entitled to a temporary injunction, to preserve subject matter pending hearing and determination of suit,” the judge said.
The court directed the former governor to surrender the seven motor vehicles together with the logbooks to the commission within seven days from yesterday or they be towed by the commission at his expense.
Alternatively, the court said Mr Waititu can deposit a bank guarantee of Sh24.6 million, which is the value of the vehicles if he has to keep the cars.
The EACC is targeting the seizure of the properties in Nairobi's central business district, Runda, Lakisama, Migaa Estate, Runda Grove and parcels of land in Embakasi Ranching, Thindigua and Kayole, suspected to have been acquired through kickbacks.
The anti-graft agency filed the case last year alleging that Mr Waititu and his spouse acquired the property between 2015 and 2020 when he was the MP for Kabete constituency and later Kiambu governor.
“While serving as the governor of Kiambu Country, tenders were awarded to contractors who subsequently transferred proceeds of the fraudulent procurement contracts to him, his wife, and their companies as kickbacks,” the EACC said.
It is alleged that Mr Waititu exploited his position for private gain by involving himself in transactions which were in conflict with the public interest and amassing wealth that was disproportionate to his known legitimate sources of income.
“The commission pursuant to its investigations established that between January 2015 and July 2017 and August 2017 and January 2020... he amassed wealth to the tune of Sh1,937,709,376.54, which is not commensurate to his known legitimate sources of income,” the EACC said in the case.
Mr Waititu was impeached by the Kiambu County Assembly in December 2019 over corruption among other malpractices. The decision was upheld by the Senate in January 2020 and his attempts to challenge his ouster were dismissed by the court.
EACC also says some of the properties in Kabete in Kiambu and Kitengela in Kajiado have been registered in his wife’s name, while others have been registered in the name of his companies, including Saika Two Estate Developers Ltd, Lexis International Ltd and Bins Management Services Ltd.
Court documents state that Mr Waititu and his wife and companies made cumulative deposits of Sh1.3 billion and the court should decide whether they should be made to refund the money.
