Nairobi Court to Rule on EACC’s Bid to Recover Ksh147M in Waititu Graft Scandal
The Anti-Corruption Court in Milimani is set to deliver its ruling Wednesday, June 25, on an application by the Ethics and Anti-Corruption Commission (EACC) to recover Ksh147 million tied to a fraudulent road contract in Kiambu County.
The application stems from a 2017 complaint involving the irregular award of a road upgrade contract to Testimony Enterprises Ltd. Investigations revealed the contract was tainted by falsified qualifications and illegal payments made to former Kiambu Governor Ferdinand Waititu and his associates.
In February 2025, the Court found Waititu, his wife Susan Ndung’u, two affiliated companies, a senior Kiambu County official, and a private contractor guilty of multiple offenses linked to the Ksh588 million road tender. Charges included conflict of interest, abuse of office, money laundering, and fraud.
Chief Magistrate Thomas Nzioki ruled that Waititu had a direct financial interest in the tender through his company, Saika Two Estate Developers. The Court found he funneled Ksh25.6 million from the contractor, Testimony Enterprises Ltd, while serving as governor.
His wife, Susan Ndung’u, was convicted of receiving Ksh7.2 million from the same company under the business name Bienvenue Delta Hotel. The Court concluded the funds were obtained through corrupt conduct, tied to the inflated and irregular contract.
Further evidence showed that the directors of Testimony Enterprises submitted forged academic documents in their tender application. The Court ruled the company fraudulently received Ksh147.2 million from the Kiambu County Government based on false pretenses.
EACC now seeks to recover that amount from the company and the involved parties, arguing it was public money acquired through deceit and irregular procurement practices.
The upcoming ruling will determine whether the funds can be reclaimed under Kenya’s anti-corruption asset recovery framework. The decision is expected to mark a key moment in the ongoing crackdown on misuse of public funds and abuse of office in devolved units.
This case has drawn national attention as it underscores the growing efforts by state agencies to address high-level corruption and recover looted assets. The outcome will set a precedent for similar cases involving public procurement fraud.
