DPP Appeals Waititu’s Acquittal in Money Laundering Case

• Feb 21, 2025

The Director of Public Prosecutions (DPP) has moved to the High Court to challenge the acquittal of former Kiambu Governor Ferdinand Ndung’u Waititu in a money laundering case. The appeal was filed just a week after the Nairobi Anti-Corruption Court cleared Waititu of the charges on February 13, 2025.

DPP Seeks to Overturn Acquittal

In the appeal before the High Court’s Anti-Corruption and Economic Crimes Division, the DPP argues that the trial magistrate made serious errors in law and fact when acquitting Waititu and his co-accused. According to the Prosecution, the evidence presented in court was strong enough to justify a conviction. The DPP is now seeking the court’s intervention to reverse the ruling.

The Prosecution claims the trial magistrate misinterpreted the law by concluding that while there was enough proof of money laundering, Waititu should be considered the "originator" of corruption offences rather than an active participant. The appeal states that his actions fell under the Anti-Corruption and Economic Crimes Act (ACECA) and the Proceeds of Crime and Anti-Money Laundering Act (2009).

Allegations of Money Laundering

The DPP has outlined twelve key arguments in the appeal, one of which is that Waititu knowingly engaged in laundering Ksh. 12,410,500 between July 2, 2018, and March 2019. The Prosecution claims the funds were moved from Testimony Enterprises Limited to Saika Two Estate Developers Limited in an attempt to disguise their illegal source.

Although Waititu was acquitted of money laundering, he remains convicted of other corruption-related offences. The Anti-Corruption Court sentenced him to 12 years in prison or a fine of Ksh. 53 million after finding him guilty of conflict of interest and handling suspect property. His conviction was based on multiple provisions of ACECA, including Section 42(3) and Section 47(1).

Ongoing Legal Battles

Waititu’s legal troubles date back to his tenure as Kiambu Governor, during which his administration was accused of financial misconduct. The corruption allegations led to his impeachment by the Kiambu County Assembly in 2019.

With the DPP pushing for a review of his acquittal, the case highlights Kenya’s ongoing efforts to fight corruption. The outcome could have far-reaching implications for other high-profile corruption cases, reinforcing the government’s stance on accountability and transparency.