Waititu, Wife Convicted of Money Laundering as High Court Upholds 12-Year Jail Term

NAIROBI, Kenya — Former Kiambu Governor Ferdinand Waititu has suffered another major legal setback after the High Court upheld his corruption conviction and 12-year prison sentence, while also convicting him and his wife on money-laundering charges linked to a Sh588 million county road contract.

In a ruling delivered on Wednesday, October 14, 2026, Justice Rose Ougo dismissed appeals against the convictions and sentences arising from the procurement of road works in Kiambu County. The court also allowed the State’s appeal against the earlier acquittals on money-laundering charges, setting aside those decisions and entering convictions.

The ruling means the case has moved beyond the original corruption offences. Prosecutors have secured convictions on the additional money-laundering counts, while the Ethics and Anti-Corruption Commission (EACC) continues to pursue separate proceedings aimed at recovering funds and assets it links to alleged corruption.

The court also cancelled bond terms, with Waititu and his male co-accused ordered to return to custody. His wife, Susan Wangari Ndung’u, was ordered detained at Lang’ata Women’s Prison, according to reports on the ruling.

Why the money-laundering decision matters

The EACC welcomed the decision, saying it strengthens efforts to establish what happened to money suspected to have been obtained through 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,” the agency said.

The court’s decision is significant because it adds money-laundering convictions to the existing findings in a case centred on the award of a public contract. It also opens the way for a separate sentencing process on those counts.

Justice Ougo directed that the matter return to the Anti-Corruption Magistrate’s Court for mitigation and sentencing. The proceedings are scheduled for Monday, October 19, 2026. The sentences on the money-laundering counts are to run concurrently with those already imposed, according to the court’s reported directions.

The Sh588 million road tender at the centre of the case

The case stems from a contract awarded by the Kiambu County Government to Testimony Enterprises Limited during the 2017/2018 financial year.

The contract, worth approximately Sh588 million, was intended to upgrade gravel roads to bitumen standards in Thika, Limuru, Gatundu North, Juja and Ruiru.

The EACC began investigating allegations surrounding the award and later recommended prosecution. The accused were charged in 2021 over offences including conflict of interest, dealing with suspicious property, money laundering and abuse of office.

On February 12, 2025, the trial court convicted Waititu and several co-accused of corruption-related offences. Waititu was found guilty of conflict of interest and dealing with suspicious property, while his wife and other accused faced convictions relating to money received from the contractor, abuse of office and procurement irregularities.

Waititu was sentenced to 12 years in prison, with an alternative fine of Sh53 million. The High Court has now upheld his conviction and sentence. It also upheld a ten-year ban on the convicted individuals holding public office, according to court reporting.

The other people named in the proceedings include former Kiambu County Chief Officer for Roads, Transport, Public Works and Utilities Luka Mwangi Wahinya, and Charles Chege Mbuthia, a director of Testimony Enterprises Limited.

EACC pursues separate Sh170 million recovery claim

The criminal case is not the only legal action involving Waititu and assets suspected of being linked to corruption.

The EACC is pursuing a separate civil suit seeking to recover Sh170 million from Waititu and Testimony Enterprises Limited. The commission alleges that the money represents proceeds of corruption. That claim remains pending, so the recovery has not yet been determined by the court.

In another case, the High Court ordered the forfeiture of assets valued at approximately Sh131.2 million in December 2025 after finding that the defendants had not satisfactorily explained the source of the wealth.

The assets included properties in Thindigua valued at about Sh64 million, a Caterpillar machine worth approximately Sh11 million, two motor vehicles, property associated with Ndung’u valued at about Sh3 million, and property linked to Saika Two Estate Developers Limited valued at approximately Sh52 million.

These asset proceedings are legally separate from the road-tender criminal case. The Sh170 million claim is still awaiting determination, while the forfeiture order arose from a separate unexplained-wealth case.

What happens next?

The immediate next step is the scheduled mitigation and sentencing hearing on October 19. The court will consider submissions before passing sentence on the money-laundering convictions.

The latest ruling marks a further setback for the former governor, whose challenge to the original convictions has failed. It also gives the anti-corruption agency another legal basis to pursue the money trail surrounding the Kiambu road contract.

The outstanding civil recovery case will proceed separately. Its outcome, along with any further appeal arising from the latest ruling, will determine the next stages of the wider legal battle.

About the Author

Maureen Onyango is a journalist passionate about storytelling, life coaching and spiritual lessons. She studied at the Kenya Institute of Management and enjoys telling stories that inform, inspire and empower communities.