The Director of Public Prosecutions (DPP) has appealed the acquittal of former Kiambu Governor Ferdinand Ndung’u Waititu, popularly known as Babayao, in a money laundering case.
The appeal comes a week after the Nairobi Anti-Corruption Court, on February 13, 2025, acquitted Waititu, a seasoned politician, of money laundering charges.
In the appeal filed at the High Court’s Anti-Corruption and Economic Crimes Division, the DPP argues that the trial magistrate erred in both law and fact by acquitting Waititu and his co-accused despite overwhelming evidence presented by the Prosecution on behalf of the Republic.
The DPP is now 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).
In his appeal, the DPP has outlined twelve compelling reasons why the court should reverse the decision, convict Waititu, and impose a sentence as prescribed by law.
During the trial, Prosecution argued that between July 2, 2018, and March 2019, in Nairobi, Waititu knowingly engaged in a scheme to launder Ksh. 12,410,500.
The funds, allegedly proceeds of crime, were transferred from Testimony Enterprises Limited to Saika Two Estate Developers Limited 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 under Section 42(3) as read with Section 48 of ACECA, as well as three counts of dealing with suspected property under Section 47(1) as read with Sections 47(2)(a) and 48 of ACECA (Act No. 3 of 2003).
