Kenya High Court: Ferdinand Waititu Money Laundering Acquittal Reversed

• The High Court overturned the acquittal of former Kiambu Governor Ferdinand Waititu and his wife, Susan Wangari, convicting them of money laundering.
• Justice Rose Ougo's ruling on October 14, 2026, found the couple guilty on three counts under Section 3 as read with Section 16 of the Act.
• The convictions stem from an EACC investigation into a Sh588.2 million road contract awarded to Testimony Enterprises Limited.
• Waititu received Sh25.6 million and Wangari Sh7.2 million through associated businesses, allegedly from irregular tender proceeds.
• Waititu's existing 12-year sentence for other corruption offenses was upheld, and new money laundering sentences will run concurrently.

Justice Ougo specifically convicted Mr. Waititu, identified as the first appellant, and Ms. Wangari, the second respondent, on three counts of money laundering.

The High Court has reversed the acquittal of former Kiambu Governor Ferdinand Waititu, his wife Susan Wangari Ndung’u, and two other individuals, finding them guilty of money laundering offenses. In a significant ruling delivered on Thursday, October 14, 2026, Justice Rose Ougo allowed a cross-appeal filed by the State, effectively setting aside the earlier acquittals. This judgment means that Ferdinand Waititu's money laundering conviction was overturned from an acquittal, marking a victory for the Ethics and Anti-Corruption Commission (EACC) in its pursuit of corruption cases.

The High Court's decision stems from an extensive investigation by the EACC into a Sh588.2 million contract awarded during the 2017/2018 financial year. This contract was for the upgrade of gravel roads to bitumen standards across several sub-counties in Kiambu, including Thika, Limuru, Gatundu North, Juja, and Ruiru, and was granted to Testimony Enterprises Limited. The EACC's inquiry focused on a series of financial transactions associated with this tender.

Evidence presented to the court detailed how payments were channeled through various bank accounts and companies linked to Mr. Waititu and his wife. Specifically, Mr. Waititu was found to have received Sh25,624,500 through his business interests, notably Saika Two Estate Developers Limited. Concurrently, Ms. Wangari received Sh7,214,000 via Bienvenue Delta Hotel. These two amounts collectively total approximately Sh32.8 million. The prosecution contended that these associated companies were utilized to funnel illicit benefits derived from the irregularly awarded tender, with a portion of the funds allegedly used by Mr. Waititu for the acquisition of Naivasha Resort. Justice Ougo also scrutinized deposits of millions of shillings into an Equity Bank account, which were subsequently transferred to other entities connected to the couple, highlighting a pattern of transfers designed to obscure the money's origins.

Justice Ougo's ruling dismissed the appellants' argument that the matter constituted merely an administrative procurement dispute. She firmly asserted that allegations involving fraud, misrepresentation, and the unlawful acquisition of financial benefits fall squarely within the purview of criminal courts. Furthermore, the judge rejected claims that the non-disclosure of an audit report dated September 25, 2019, had prejudiced the appellants' right to a fair trial, finding no demonstrated harm to their defense.

The EACC's investigation, supported by testimony from its officers and witnesses from the University of Nairobi, also revealed that Testimony Enterprises had submitted forged academic certificates for its technical staff as part of its tender documentation. The trial court had previously established that these fraudulent documents were instrumental in securing the bid, leading to the company illicitly obtaining Sh147,274,055 from the county government. In related proceedings, Luka Wahinya, the former Kiambu County Chief Officer for Roads, was convicted of abuse of office for his role in the tender award, while Charles Chege Mbuthia, a director of Testimony Enterprises, faced conviction for procurement-related offenses.

Following the High Court judgment, Justice Ougo upheld the existing 12-year sentence and other convictions and penalties previously imposed on Mr. Waititu for various corruption-related offenses, including conflict of interest. For Ms. Wangari, who had been acquitted of the money laundering charges in the lower court and was present for her husband's appeal, the judge ordered her remand at Lang'ata GK Prison. She is awaiting mitigation and sentencing for the money laundering counts, scheduled for the following week.

Additionally, Mr. Waititu and two co-convicts, who are already serving sentences for their prior convictions, have been directed to appear before the Milimani Anti-Corruption Chief Magistrate’s Court for mitigation and sentencing specifically on the money laundering charges. The court stipulated that any new sentences imposed for these money laundering convictions will run concurrently with their existing penalties. This Kenya money laundering appeal decision comes months after a separate ruling concerning unexplained wealth involving Mr. Waititu.

This High Court decision overturning an acquittal to a conviction for money laundering underscores the EACC's persistent pursuit of corruption cases and the judiciary's willingness to re-evaluate lower court judgments on appeal. Lawyers should advise clients that acquittals in high-profile corruption and money laundering cases are not necessarily final, and that appellate courts may scrutinize financial transactions through associated businesses more rigorously. Compliance officers should note the broad interpretation of money laundering offenses, particularly concerning the use of business entities to conceal illicit funds.

Source: Original reporting via The Standard Group