The Director of Public Prosecutions (DPP) on Friday, February 21, moved to court seeking fresh orders following the recent acquittal of embattled former Kiambu Governor Ferdinand Waititu in a money-laundering case.
In a statement, the DPP confirmed that it had appealed against the recent decision by the Nairobi Anti-Corruption Court to acquit Waititu of money laundering charges involving millions of shillings.
“The Director of Public Prosecutions (DPP) has appealed against the acquittal of former Kiambu Governor Ferdinand Ndung’u Waititu, popularly known as Babayao, in a money-laundering case,” the DPP stated.
“The appeal comes a week after the Nairobi Anti-Corruption Court, on February 13, 2025, acquitted Waititu, a seasoned politician, of money-laundering charges,” the statement added.
In the appeal, the DPP argued that there were glaring flaws in the delivery of the judgement despite overwhelming evidence presented by the prosecution.
"The DPP is seeking the High Court’s intervention to overturn the acquittal, contending that the trial magistrate wrongly found that although there was sufficient evidence against the accused persons on the money laundering charge, Waititu should be considered the "originator" of corruption offences, including conflict of interest, and dealing with suspected property under the Anti-Corruption and Economic Crimes Act (ACECA) and the Proceeds of Crime and Anti-Money Laundering Act (2009),” the chief prosecutor asserted.
According to the DPP, they have outlined 12 reasons why the court should reverse the decision and impose a conviction on Waitutu as prescribed by the law. In Kenya, the maximum jail term for money laundering is 14 years. A fine of five million shillings can also be imposed, or both.
The case in question involved Ksh12 million shillings where Waititu was accused of orchestrating a scheme to transfer the funds which were allegedly proceeds of crime between two companies.
“During the trial, prosecution argued that between July 2, 2018, and March 2019, in Nairobi, Waititu knowingly engaged in a scheme to launder Ksh12,410,500. The funds, allegedly proceeds of crime, were transferred from Testimony Enterprises Limited to Saika Two Estate Developers Limited to disguise their illicit origin,” the DPP expressed.
The latest development comes just days after Waititu was sentenced by Milimani Anti-Corruption Court Magistrate Thomas Nzioki to 12 years in prison or pay a fine of Ksh53.5 million.
Waititu was sentenced to serve 5 years in jail or pay a fine of Ksh2.5 million. Additionally, the court posed a mandatory fine of Ksh51 million in default to serve another 7 years in prison after he was convicted for irregularly awarding tenders in Kiambu County in February 2018 during his tenure as the County boss.
At the same time, the magistrate also directed that Waititu's wife Susan Wangare pay a fine of Ksh500,000 or serve a sentence of one year in prison. However, the magistrate directed that the terms will run concurrently.
The magistrate found that the conduct of Waititu could not be forgiven since his acts undermined the tenets of good governance.
