Waititu lose Sh131.2 million assets in Sh1.9b graft case

By Newsflash Writer

The High Court has directed that assets worth a total of Sh131.2 million linked to former Kiambu Governor Ferdinand Waititu and his wife, Susan Ndung’u, be forfeited to the State after ruling that the couple failed to adequately explain how they acquired them.

In a judgment delivered by Justice Nixon Sifuna, the court also ordered the surrender to the Government of two parcels of land valued at about Sh32 million, alongside an additional plot registered in the name of Ndung’u.

Assets presumed proceeds of corruption

The judge found that the properties in question had not been satisfactorily accounted for and were therefore presumed to be proceeds of corruption. The decision followed a civil recovery suit lodged by the Ethics and Anti-Corruption Commission (EACC), which sought to reclaim assets it claimed were unlawfully acquired during Waititu’s tenure as Kiambu governor.

Initially, the anti-graft agency had asked the court to confiscate properties estimated to be worth Sh1.9 billion. However, Justice Sifuna allowed the forfeiture of only a limited number of assets after evaluating the evidence presented.

Among the items ordered forfeited were movable assets, including a Caterpillar construction machine valued at Sh11 million and two motor vehicles each estimated to be worth about Sh600,000.

The court noted that the explanations provided by Waititu and his wife regarding the acquisition of the properties were contradictory and lacked supporting documentation. According to the judge, the respondents failed to back up their claims with credible evidence that could demonstrate legitimate ownership.

Bank accounts spared

Waititu and Ndung’u had challenged the suit, insisting that the assets were lawfully acquired through legitimate business ventures and loan facilities obtained long before Waititu assumed office as governor. They argued that the EACC had not proved that the properties were acquired through corruption or abuse of office.

While acknowledging that the couple had cited loans and business income as sources of wealth, the court ruled that they did not convincingly show how those sources directly led to the purchase of the specific assets under scrutiny.

At the same time, Justice Sifuna declined to grant the EACC’s request to seize funds held in several bank accounts linked to Waititu, his wife and associated companies.

he judge held that the commission had failed to clearly trace the flow of illicit funds into the accounts or establish a direct connection between the money and the alleged corrupt conduct.

“The allegations relating to the bank accounts were not pleaded or proved with the degree of precision required in a civil recovery matter,” Justice Sifuna observed.

The ruling comes against the backdrop of Waititu’s criminal conviction earlier this year. In February 2025, the former governor was found guilty of conflict of interest in a Sh588 million corruption case and sentenced to 12 years in prison or fined Sh52.5 million. His wife, who was charged alongside him, received a one-year jail term or a fine of Sh500,000.