DPP Seeks To Frustrate Waititu After Jail Sentence
The appeal comes just a week after the Nairobi Anti-Corruption Court, on February 13, 2025, cleared Waititu of the charges.
Viral Tea Ke Writer 
The Director of Public Prosecutions (DPP) has moved to the High Court to challenge the acquittal of former Kiambu Governor Ferdinand Ndung’u Waititu, popularly known as Babayao, in a high-profile money laundering case.
The appeal comes just a week after the Nairobi Anti-Corruption Court, on February 13, 2025, cleared Waititu of the charges.
In documents filed at the High Court’s Anti-Corruption and Economic Crimes Division, the DPP argues that the trial magistrate erred in both law and fact by acquitting Waititu and his co-accused despite what the prosecution terms as "overwhelming evidence" presented in court.
DPP Renson Ingonga while hosting a delegation from Zambia on June 6, 2024. /ODPP
The prosecution is now seeking to overturn the acquittal, contending that while the magistrate acknowledged sufficient evidence against the accused on money laundering charges, the ruling incorrectly deemed Waititu the “originator” of corruption-related offences rather than holding him accountable under the Anti-Corruption and Economic Crimes Act (ACECA) and the Proceeds of Crime and Anti-Money Laundering Act (2009).
In the appeal, the DPP has outlined 12 key grounds for reversal, seeking Waititu’s conviction and appropriate sentencing as prescribed by law.
The Case Against Waititu
During the trial, the prosecution alleged that between July 2, 2018, and March 2019, Waititu knowingly engaged in laundering Ksh12.4 million. The funds, suspected to be proceeds of crime, were allegedly funnelled from Testimony Enterprises Limited to Saika Two Estate Developers Limited to obscure their illicit origins.
While he was acquitted of money laundering, Waititu was convicted on other corruption-related charges. The Anti-Corruption Court sentenced him to 12 years in prison or a fine of Ksh53 million after finding him guilty of conflict of interest and three counts of dealing with suspected property under ACECA.
Although the DPP welcomed this conviction, the office remains adamant in its pursuit of justice regarding the money laundering charges and is determined to see the acquittal overturned.
On February 13, Waititu was convicted after being found guilty in a Ksh588 million corruption case that had been dragging on for years. His wife, Susan Wangare, on her part, was sentenced to one year in prison or pay a fine of Ksh500,000. However, the magistrate directed that the terms will run concurrently.
Their co-accused Luka Mwangi Wahinya (former Chief Officer, Roads, Transport, Public Works and Utilities) to serve 2 years in prison or pay a fine of Ksh1 million and a mandatory fine of Ksh20 million in default to serve 5 years in prison.
Furthermore, the directors of Testimony Enterprises Limited Charles Chege Mbuthia and Beth Wangeci Mburu were jailed for 4 years or pay a fine of Ksh2 million with a mandatory fine of Ksh294 million and 3 years in jail or pay a fine of Ksh1.4 million respectively.
The magistrate ruled that Waititu's actions were inexcusable, as they violated the principles of good governance.
