Former Kiambu governor Ferdinand Waititu on Friday regained control of tens of properties that had been frozen by the High Court more than three years ago over claims that he acquired them corruptly.
The court ruled that Mr Waititu, who is currently in jail after a corruption conviction, sufficiently explained how he acquired the property and money in bank accounts worth Sh1.9 billion, which were targeted by the Ethics and Anti-Corruption Commission (EACC).
Mr Waititu and his wife Susan Wangari, however, lost several properties, including cars and land valued at about Sh131 million, whose acquisition was not properly explained.
The ex-governor was ordered to forfeit two motor vehicles-- a Toyota Probox valued at Sh660,000, a Toyota Vitz whose estimated value was Sh600,000 — a Caterpillar excavator worth Sh11 million and two parcels of land in Thindigua, Kiambu County each valued at Sh32 million.
Former Kiambu County Governor Ferdinand Waititu (left) and wife Susan Wangari Ndung’u at the Milimani Law Court on February 13, 2025, before they were sentenced in a Sh588 million corruption case.
Photo credit: Wilfred Nyangaresi | Nation Media Group
His wife Susan was ordered to forfeit a parcel of land in Kitengela, Kajiado county, valued at Sh3 million.
Saika Two estate, a company linked to the former governor, was ordered to forfeit a property known as Land House, valued at Sh52 million.
For the other properties, the court said the explanation given by Mr Waititu was satisfactory and in some instances, the EACC failed to discharge its burden. Two of the properties he won back are situated in Nairobi city centre.
“In regard to funds in bank accounts, as explained in the judgment, the commission’s case was not sound or well-founded nor justified. What the plaintiff (EACC) did was to cite the total cumulative funds. No analysis of the deposits or withdrawals was made to establish a trend,” said the court.
The court said the EACC should have established the balances in the bank accounts, do an analysis of the accounts and show which funds were suspect.
According to the court, some of the funds were loans, overdrafts and daily trade turn overs as well as sale of services and goods.
The former Kiambu governor had been blocked from selling or transferring the 18 parcels of land and the motor vehicles, as EACC said they were acquired through corruption.
Other than selling the property, the couple was barred from collecting rent from Bienvenue Delta Hotel and proceeds from Bins Management Services Ltd.
Sentenced to 12 years in prison
The anti-graft agency said Mr Waititu and his spouse acquired the property between 2015 and 2020 when he was the MP for Kabete Constituency and later Kiambu governor.
The EACC said while serving as the Kiambu governor, Mr Waititu awarded tenders to companies which subsequently transferred proceeds of the fraudulent procurement contracts to him, his wife, and their companies as kick-backs.
The Commission further said 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.
Mr Waititu was impeached by the Kiambu County Assembly in December 2019 over corruption among other malpractices.
Former Kiambu County Governor Ferdinand Waititu at the Milimani Law Court on February 13, 2025.
Photo credit: Wilfred Nyangaresi | Nation Media Group
The decision that was upheld by the Senate in January 2020 and his attempts to challenge his ouster was thrown out by the High Court.
In February this year, Mr Waititu was convicted and sentenced to 12 years in prison after he was found guilty of engaging in corruption when he was the Kiambu governor. He was given an alternative of paying a fine of Sh53 million.
The trial court found him guilty of corruptly receiving Sh25 million from Enterprise Testimony limited which had been awarded a Sh588 million road tender by the county government.
He is yet to pay the fine and his attempts to review the bail downwards has been rejected by the High Court.
The anti-graft body 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.
The EACC said in court documents that Waititu and his wife and companies made cumulative deposits of Sh1.3 billion.
The Commission further says that between January 2015 and January 2020, Waititu did not submit his statutory declaration for his income, assets and liabilities under the Public Officer Ethics Act, and Leadership and Integrity Act.
Other properties that were targeted for forfeiture included houses in Runda, Lakisama, Migaa estate, Runda Grove and parcels of land in Embakasi Ranching, Thindigua and Kayole, all amounting to Sh280 million.
