Court orders Waititu to forfeit Ksh131 million in Ksh1.9 billion case

A Kenyan court has ordered former Kiambu governor Ferdinand Waititu to forfeit assets worth Ksh131 million to the state in a case involving allegedly corruptly acquired property. The decision was delivered by Justice Nixon Sifuna, who partially allowed a suit by the Ethics and Anti-Corruption Commission (EACC). Waititu and his wife Susan Ndung'u had faced the prospect of surrendering over Ksh1.9 billion in assets, but the court scaled back the forfeiture.

Court Ruling

In its decision on Friday, December 19, 2025, Justice Nixon Sifuna ordered Waititu and his wife to forfeit specific assets, including two plots of land valued at Ksh32 million, a Caterpillar tractor worth Ksh11 million, and two cars each valued at Ksh600,000. The court stated that the couple failed to provide sufficient evidence showing the assets were acquired through legitimate means.

The case was initiated by the EACC in 2022 at the Anti-Corruption and Economic Crimes Division, alleging Waititu amassed over Ksh1 billion in unexplained assets while serving as MP for Kabete Constituency from 2015 to 2017, and later as Kiambu County Governor from 2017 to 2020. The EACC claimed the properties were obtained through proceeds of dubious procurement contracts linked to Waititu and his wife.

However, the court scaled back the forfeiture, ruling that the EACC's allegations lacked sufficient clarity and were not backed by solid evidence. This meant Waititu was not required to surrender all the listed assets.

Prior to this ruling, Waititu had been sentenced in February to 12 years in prison or a Ksh52.5 million fine in another graft case involving Ksh588 million. The decision highlights the challenges faced by the EACC in recovering corruptly acquired assets, while offering some relief to Waititu.

The court emphasized the need for robust evidence in such cases, which could influence future corruption proceedings in Kenya.

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