Kenyan High Court has ordered the forfeiture of assets worth KSh76.2 million linked to jailed former Kiambu governor Ferdinand Waititu after ruling that he failed to explain their legitimate source in a civil recovery suit filed by the Ethics and Anti-Corruption Commission.
Justice Nixon Sifuna delivered the judgment on Friday in a case that saw the anti-graft body seek the recovery of unexplained wealth valued at nearly KSh1.9 billion accumulated by Waititu, his wife Susan Wangari and associated companies.
While the court found Waititu’s explanations satisfactory for the majority of the frozen assets and funds, it ordered the seizure of specific properties whose origins remained unclear.
Assets ordered forfeited
The former governor must surrender two motor vehicles – a Toyota Probox valued at KSh660,000 and a Toyota Vitz worth KSh600,000 – as well as a Caterpillar excavator priced at KSh11 million.
He will also lose two parcels of land in Thindigua, Kiambu County, each valued at KSh32 million, bringing his personal forfeitures to approximately KSh76.2 million.
His wife Susan Wangari was ordered to forfeit a parcel of land in Kitengela, Kajiado County, worth KSh3 million.
Additionally, Saika Two Estate Developers Limited, a company linked to Waititu, must surrender a property known as Land House valued at KSh52 million.
The combined value of all forfeited assets stands at about KSh131 million.
The properties had been frozen for more than three years after the Ethics and Anti-Corruption Commission alleged they were acquired through proceeds of corruption between 2015 and 2020, when Waititu served first as Kabete member of parliament and later as Kiambu governor.
Court faults Ethics and Anti-Corruption Commission case on bank funds
In a significant reprieve for the former governor, the court rejected the application to seize funds held in various bank accounts linked to Waititu, his wife and their companies.
Justice Sifuna criticised the Ethics and Anti-Corruption Commission for presenting a weak case, noting that investigators merely cited cumulative deposits totalling KSh1.3 billion without analysing transactions to identify suspicious flows.
“What the plaintiff did was to cite the total cumulative funds. No analysis of the deposits or withdrawals was made to establish a trend,” the judge observed.
The court accepted that much of the money comprised legitimate loans, overdrafts, daily business turnover and proceeds from the sale of goods and services.
Waititu and his wife had maintained throughout the proceedings that the assets were acquired lawfully through business ventures established before he entered elective politics.
Background to the civil recovery suit
The Ethics and Anti-Corruption Commission accused Waititu of exploiting public office for private gain by awarding county tenders to favoured companies that subsequently transferred portions of the contract proceeds to him, his family and associated entities as kickbacks.
Investigators further claimed his accumulated wealth was disproportionate to his known legitimate income and pointed to his failure to submit statutory wealth declarations between January 2015 and January 2020 as required under the Public Officer Ethics Act and the Leadership and Integrity Act.
Among the companies named in the suit were Saika Two Estate Developers Limited, Lexis International Limited and Bins Management Services Limited.
The commission had also barred the couple from selling or transferring 18 parcels of land, collecting rent from Bienvenue Delta Hotel or receiving proceeds from Bins Management Services Limited pending the case.
Properties Waititu successfully defended
The former governor regained control of several high-value properties, including prime land in Nairobi city centre and other parcels in upscale areas.
Assets he successfully defended included houses in Runda, Lakisama, Migaa estate and Runda Grove, as well as additional land in Embakasi Ranching, Thindigua and Kayole collectively valued at around KSh280 million.
The court ruled that Waititu had provided satisfactory explanations for these holdings and, in some instances, the Ethics and Anti-Corruption Commission failed to meet the required burden of proof.
Separate criminal conviction
Waititu’s legal troubles extend beyond the civil case. He was impeached by the Kiambu County Assembly in December 2019 over gross misconduct and corruption allegations. The Senate upheld the removal in January 2020, and subsequent court challenges were dismissed.
In February 2025, a separate magistrate’s court convicted him of conflict of interest in connection with a KSh588 million road tender awarded during his tenure.
He was found guilty of receiving KSh25 million from Testimony Enterprise Limited, the firm that won the contract, and sentenced to 12 years in prison or a fine of KSh53 million.
His wife Susan Wangari was convicted in the same case and sentenced to one year in prison or a fine of KSh500,000.
Waititu remains in custody after failing to pay the fine, and recent applications to reduce bail terms pending appeal have been rejected.
Once a popular figure nicknamed Baba Yao, the former governor rose through the ranks from Kabete constituency to county leadership before his dramatic fall.
The ruling represents a partial victory for Kenya’s anti-corruption efforts through civil asset recovery, even as high-profile figures continue to mount robust defences against unexplained wealth claims.
