Lawyer Rose Ougo of the Anti-Corruption and Economic Crimes Court in a judgement delivered on October 14, upheld the conviction of former Kiambu Governor Ferdinand Waititu, his wife Susan Wangari Ndungu over an appeal against their conviction for corruption-related offences.
Others convicted 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.
Ethics and Anti-Corruption Commission (EACC) lauds the decision to overturn the lower courts acquittal of the accused saying the matter will now proceed for mitigation and sentencing.
The case arose from investigations launched in 2019 following allegations that Kiambu County had irregularly awarded Testimony Enterprise a contract valued at Ksh588 million to upgrade gravel roads to bitumen standards in Thika, Limuru, Gatundu North, Juja and Ruiru sub-counties during the 2017/2018 financial year.
Mr. Waititu and his co-accused were convicted on February 12,2025, of offences including conflict of interest, dealing with suspicious property, abuse of office, fraudulent procurement practices and wilful failure to comply with procurement laws and regulations.
In a separate unexplained wealth case filed by the EACC, the commission’s court in December 2025 ordered the forfeiture of assets worth about Ksh131.2 miltlinkwe to Waititu and his associates.
The assets included properties in Thindigua valued at about Ksh64 million, a Caterpillar machine worth approximately Ksh11 million, two motor vehicles, property associated with Susan Wangari Ndungu valued at about Ksh3 million, and property associated with Saika Two Estate Developers Limited valued at approximately Ksh52 million.
EACC is also pursuing a separate civil case seeking to recover Ksh170 million from Waititu and Testimony Enterprises Limited as alleged proceeds of corruption. The case is pending determination.
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