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High Court upholds Waititu conviction, reinstates money laundering charges

Alphie Today, 12:15 PM 3 min read
Former Kiambu Governor Ferdinand Waititu

The High Court has upheld corruption convictions over a Sh588 million Kiambu road tender, with sentencing on reinstated money laundering charges set for October 19.

The High Court has upheld the Waititu conviction over a Sh588 million Kiambu County road tender. It also overturned the acquittal of the former governor and his co-accused on money laundering charges.

Justice Rose Ougo delivered the judgment on October 14, 2026, upholding the corruption convictions and sentences. The ruling covers Ferdinand Waititu, his wife Susan Wangari Ndungu and two other accused persons.

Meanwhile, the Ethics and Anti-Corruption Commission (EACC) continues separate proceedings to recover funds allegedly linked to corruption. Those proceedings are distinct from the criminal case involving the county road contract.

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Waititu conviction stems from road tender

EACC began investigations in 2019 following allegations of an irregular contract award to Testimony Enterprises Limited. The Sh588 million tender covered upgrades from gravel roads to bitumen standards during the 2017/2018 financial year.

The project covered roads in Thika, Limuru, Gatundu North, Juja and Ruiru sub-counties. Investigators examined how the Kiambu County Government awarded the contract.

The accused received their original convictions on February 12, 2025. Offences included conflict of interest, dealing with suspicious property, abuse of office and fraudulent procurement practices. They also included wilful failure to comply with procurement laws and regulations.

Alongside Waititu and Ndungu, the ruling upheld convictions against Luka Mwangi Wahinya and Charles Chege Mbuthia. Wahinya formerly served as Kiambu’s chief officer for Roads, Transport, Public Works and Utilities. Mbuthia is a director of Testimony Enterprises Limited.

Money laundering charges return to court

EACC welcomed the decision to overturn the lower court’s acquittal on money laundering charges. The commission said tracing the financial trail formed a key part of its investigation.

The reinstated charges therefore bring renewed attention to suspected proceeds connected to the road tender. According to EACC, the matter returns to court on October 19, 2026, for mitigation and sentencing on those charges.

Separate asset recovery proceedings

Beyond the criminal proceedings, EACC seeks Sh170 million from Waititu and Testimony Enterprises Limited through a civil suit. It alleges the money represents proceeds of corruption. However, the court has yet to determine that claim.

The commission has also secured forfeiture orders in a separate unexplained wealth case. That case involves assets worth approximately Sh131.2 million linked to Waititu and associated parties.

In December 2025, the Anti-Corruption Court ordered forfeiture of properties in Thindigua valued at about Sh64 million. The assets also included a Caterpillar machine worth approximately Sh11 million and two motor vehicles.

Further assets included property associated with Ndungu worth about Sh3 million. Property associated with Saika Two Estate Developers Limited accounted for approximately Sh52 million.

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Alphie

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