Former Governor Loses Sh76M in Unexplained Wealth

In a landmark ruling delivered Friday, the High Court has ordered the forfeiture of assets valued at over Sh131 million linked to former Kiambu Governor Ferdinand Waititu, declaring them the proceeds of “unexplained wealth.”

Justice Nixon Sifuna, presiding over the Anti-Corruption and Economic Crimes Division, ruled that the Ethics and Anti-Corruption Commission (EACC) successfully demonstrated that several high-value properties and vehicles were acquired during Waititu’s public tenure without a legitimate source of income.

The Breakdown of Forfeited Assets

The court specifically targeted land and machinery that the former governor and his wife, Susan Wangari, failed to defend with satisfactory evidence. The forfeited items include:

• Two parcels of land in Thindigua, Kiambu: Valued at approximately Sh64 million (Sh32 million each).

• Kitengela Land: A Sh3 million parcel registered in his wife’s name.

• Heavy Machinery: A Caterpillar excavator valued at Sh11 million.

• Vehicles: A Toyota Probox and a Toyota Vitz used by the family.

“They having been determined to be unexplained wealth, it is hereby ordered they be forfeited to the Kenyan government,” Justice Sifuna ruled.

A Partial Win for the Defense

While the EACC originally sought to recover a staggering Sh1.94 billion in assets—including landmark buildings like the Delta Hotel and Jamii Bora Building—the court declined to forfeit the majority of that portfolio.

Justice Sifuna found that Waititu had “sufficiently explained” the acquisition of his bank accounts and several other properties totaling nearly Sh1.8 billion. The judge criticized the EACC’s claims regarding the bank accounts, stating they were neither pleaded with sufficient clarity nor backed by adequate evidence.

Legal Context: From Kamiti to the High Court

Waititu, popularly known as “Baba Yao,” is currently serving a sentence at Kamiti Maximum Prison following his conviction in February 2025 for a separate Sh588 million road tender scandal. Friday’s ruling adds a civil blow to his ongoing criminal legal battles.

Despite the forfeiture of Sh131.2 million, the former governor regained control over several other frozen assets that the court deemed were lawfully acquired.