Waititu’s troubles deepen as DPP seeks to reinstate money laundering charges

The Director of Public Prosecutions (DPP) has filed an appeal against the acquittal of former Kiambu Governor Ferdinand Waititu of money laundering charges in a Ksh.588 million graft case.

This follows Waititu's sentencing last week to 12 years in prison or a Ksh.52.5million fine after being found guilty of conflict of interest in the case. He was charged alongside his wife, Susan Ndung'u, who was sentenced to one year in prison or a Ksh.500,000 fine.

While the court convicted them on graft-related charges, they were acquitted of three counts of money laundering.

In the appeal lodged with the High Court's Anti-Corruption and Economic Crimes Division, the DPP argues that the trial magistrate made errors in both law and fact by acquitting Waititu and his co-accused despite what the prosecution claims is overwhelming evidence of money laundering.

“The DPP is seeking the High Court’s intervention to overturn the acquittal, contending that the trial magistrate wrongly found that although there was sufficient evidence against the accused persons on the money laundering charge, Waititu should be considered the ‘originator’ of corruption offences, including conflict of interest, and dealing with suspected property under the Anti-Corruption and Economic Crimes Act (ACECA) and the Proceeds of Crime and Anti-Money Laundering Act (2009),” the DPP said in a statement on X.

Further, the DPP outlined 12 compelling reasons why Waititu should be convicted and sentenced, contending that he was involved in a scheme to launder Ksh.12,410,500 between July 2, 2018, and March 2019.

The funds, allegedly proceeds of crime, were transferred from Testimony Enterprises Limited to Saika Two Estate Developers Limited in an effort to disguise their illicit origin.

“Besides his acquittal in the money laundering case now under appeal, the former Governor was convicted on other corruption-related charges. 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 as well as three counts of dealing with suspected property,” said the DPP. 

“The DPP welcomed this conviction and sentencing but remains firm in the pursuit of justice regarding the money laundering charge.”

Waititu has since filed an appeal challenging last week's lower court ruling sentencing.

Through his lawyer, Danstan Omari, Waititu argues that he is aggrieved by the court's findings and has moved to the High Court to contest the verdict.

In his application, he seeks to be released on bail while the appeal is heard.