Court to rule on Waititu’s Sh1.9 billion 'tainted wealth'

“The defendants being absent, judgment will be delivered on Friday,” Justice Sifuna said, directing the court registry to issue notices compelling their attendance.

The judgment concerns a case filed by the Ethics and Anti-Corruption Commission (EACC) three years ago, seeking the forfeiture of properties and cash worth more than Sh1.9 billion, which the commission alleges were acquired through corruption and abuse of office.

EACC’s lawyer told the court that the defendants had been duly notified of the judgment date but still failed to attend.

“I issued a judgment notice to the defendants, and there is an affidavit on record confirming that,” the advocate said, adding that all defendants had previously been represented and regularly attended court before the judgment date was set.

The defendants are Waititu, Susan Wangari, and three trading companies—Saika Two Estate Developers Limited, Bienvenue Delta Hotel, and Bins Management Services Limited.

The adjournment marks the second time the delivery of judgment has been postponed due to Waititu’s absence. He is currently serving a jail term in a separate corruption case linked to irregular tender awards during his tenure as Kiambu governor.

The forfeiture suit is part of a broader effort by the EACC to recover what it describes as unexplained wealth accumulated by Waititu between 2015 and 2020, when he served first as Kabete MP and later as governor.

Wealth 17-fold 

According to court filings, the commission alleges that Waititu multiplied his wealth 17-fold within five years, amassing assets worth Sh1,937,709,376 against his known legitimate income of about Sh110 million.

The EACC says investigations established that his known lawful income comprised a net salary of Sh29.5 million and Sh81.3 million from legitimate businesses—figures it argues cannot justify the scale of the assets acquired.

Among the assets targeted for forfeiture are high-value commercial buildings in Nairobi’s Central Business District, including Jamii Bora Building, Delta Hotel, and Biashara Shopping Mall, as well as residential properties in Runda, Migaa, and Thindigua.

The commission, in the suit lodged in June 2022, is also seeking the forfeiture of about Sh804.6 million held in seven bank accounts in Waititu’s name, five motor vehicles, and additional cash and land registered in his wife’s name and in companies linked to the couple.

The case has previously generated significant interlocutory rulings. In one decision last year, the court declined Waititu’s plea to lift interim orders freezing rental income from Bienvenue Delta Hotel and Bins Management Services Limited. It rejected arguments that the restrictions were crippling the businesses.

“In essence, the application fails and is disallowed,” the judge ruled then, holding that interim freeze orders should remain in force until the suit is determined, unless exceptional circumstances are shown.

The court accepted the EACC’s position that the assets were suspected proceeds of corruption and should remain preserved pending judgment, even as it cautioned that forfeiture proceedings are punitive and should be concluded without undue delay.

However, Waititu has consistently denied wrongdoing, arguing in affidavits that some properties were financed through bank loans and legitimate business income—claims the EACC disputes.

Friday’s appearance is now expected to clear the way for the long-awaited judgment, which could determine the fate of one of the most expansive unexplained wealth cases pursued against a former county boss.

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