Former Kiambu Governor Waititu leaves court under media scrutiny following the High Court's decision to uphold his conviction./ HANDOUTThe EACC has lauded the High Court’s decision to uphold corruption convictions and sentences against former Kiambu Governor Ferdinand Waititu and his co-accused while overturning their acquittals on money laundering charges.
The commission said the decision was significant to its efforts to trace funds suspected to have been obtained through corruption, particularly in cases involving public procurement and the movement of money between individuals and companies.
In a statement following the ruling delivered on October 14, 2026, EACC welcomed the outcome of the appeal involving Waititu, his wife Susan Wangari Ndungu, former Kiambu County Chief Officer for Roads, Transport, Public Works and Utilities Luka Mwangi Wahinya and Testimony Enterprises Limited director Charles Chege Mbuthia.
“The Ethics and Anti-Corruption Commission (EACC) welcomes the High Court’s decision to uphold the conviction and sentence of former Kiambu County Governor Ferdinand Waititu Babayao, his wife and their associates in an appeal against their conviction for corruption-related offences,” EACC said.
EACC particularly highlighted the decision to overturn the lower court’s acquittal on money laundering charges, describing the offences as an important part of efforts to follow the movement of funds linked to suspected corruption.
“The Commission particularly lauds the court’s decision to overturn the lower court’s acquittal of the accused persons on money laundering charges, a key element in the Commission’s investigations in an attempt to follow the money,” EACC said.
The ruling was delivered by Lady Justice Rose Ougo in the Anti-Corruption and Economic Crimes Court. It upheld the convictions and sentences arising from the Sh588 million road tender case and set aside the earlier acquittals on the money laundering charges.
The case stems from investigations into the award of a contract worth approximately Sh588 million to Testimony Enterprises Limited for upgrading gravel roads to bitumen standards in Thika, Limuru, Gatundu North, Juja and Ruiru during the 2017/2018 financial year.
EACC said the investigation followed allegations that the Kiambu County Government had irregularly awarded the contract. The commission subsequently pursued charges against Waititu and others over their alleged roles in the procurement and handling of funds associated with the project.
On February 12, 2025, the trial court convicted Waititu and several co-accused of various offences linked to the tender, including conflict of interest, dealing with suspicious property, abuse of office and fraudulent procurement practices. The money laundering charges had resulted in acquittals at the lower court before the latest High Court decision overturned those findings.
Waititu was convicted of conflict of interest and dealing with suspicious property, while his wife was convicted over receiving money from the contractor.
Wahinya was convicted of abuse of office, and the contractor’s director and other co-accused faced convictions relating to fraudulent procurement practices and the acquisition of public funds.
Beyond the criminal proceedings, EACC has also pursued separate asset recovery cases involving Waititu and people or companies associated with him.
These proceedings concern alleged unexplained wealth or assets suspected to be connected to corruption and are distinct from the criminal charges arising from the road tender.
The commission has previously sought the forfeiture of assets it alleges were acquired through unexplained wealth.
It has also pursued a separate civil claim seeking to recover Sh170 million from Waititu and Testimony Enterprises Limited as alleged proceeds of corruption. The civil claim remains separate from the criminal case and its outcome should not be treated as established before determination.
The money laundering matter is scheduled to proceed for mitigation and sentencing at the Anti-Corruption Magistrate’s Court on October 19, 2026.
