High Court Upholds Waititu Conviction, Reinstates Money Laundering Charges
The High Court has upheld the conviction and sentence of former Kiambu Governor Ferdinand Waititu Babayao, his wife Susan Wangari Ndungu and two other co-accused over corruption-related offences arising from a Sh588 million road construction tender.
In a judgment delivered on October 14, 2026, Anti-Corruption and Economic Crimes Court Judge Rose Ougo upheld the convictions of Waititu, 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 court also overturned their acquittal on money laundering charges, reinstating the charges that had previously been dismissed by the lower court.
The case stems from investigations launched in 2019 over the alleged irregular award of a Sh588 million contract by the Kiambu County Government to Testimony Enterprises Limited during the 2017/2018 financial year.
The contract involved upgrading gravel roads to bitumen standards in Thika, Limuru, Gatundu North, Juja and Ruiru sub-counties.
Waititu and his co-accused were convicted on February 12, 2025, on offences including conflict of interest, dealing with suspicious property, abuse of office, fraudulent procurement practices and wilful failure to comply with procurement laws and regulations.
The reinstatement of the money laundering charges means the accused will now face mitigation and sentencing on those charges. The matter is scheduled for October 19, 2026, before the Anti-Corruption Magistrate’s Court.
The case is separate from an unexplained wealth proceeding in which the Anti-Corruption Court ordered the forfeiture of assets worth approximately Sh131.2 million in December 2025. The assets were linked to Waititu and associated parties and included properties in Thindigua, a Caterpillar machine, two motor vehicles and properties associated with Ndungu and Saika Two Estate Developers Limited.
The Ethics and Anti-Corruption Commission (EACC), which investigated the matter, has welcomed the High Court ruling, particularly the decision to reinstate the money laundering charges.
The Commission is also pursuing a separate civil case seeking to recover Sh170 million from Waititu and Testimony Enterprises Limited as alleged proceeds of corruption. That case is still pending determination.