By Dorothy Musyoka
The Director of Public Prosecutions (DPP) has officially appealed the acquittal of former Kiambu Governor Ferdinand Ndung’u Waititu, popularly known as Babayao, in a high-profile money laundering case.
The appeal, filed at the High Court’s Anti-Corruption and Economic Crimes Division, follows the Nairobi Anti-Corruption Court’s ruling on February 13, 2025, which cleared Waititu of money laundering charges.
The DPP contends that the trial magistrate erred in both law and fact, disregarding what the prosecution describes as “overwhelming evidence” implicating the former governor and his co-accused.
In his submissions, the DPP argues that the trial magistrate wrongly found that while there was sufficient evidence against the accused on the money laundering charge, Waititu should be considered the “originator” of corruption offences, including conflict of interest and dealing with suspected property.
“Thus, 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),” noted the ODPP.
The DPP has outlined twelve compelling reasons urging the High Court to overturn the acquittal, convict Waititu, and impose the appropriate legal sentence.
During the trial, the prosecution alleged 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.
While he was acquitted of money laundering, 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).
The DPP has welcomed the conviction and sentencing on corruption-related charges but remains resolute in seeking justice for the money laundering case. The appeal is expected to set a precedent in the fight against economic crimes and reinforce Kenya’s commitment to upholding the rule of law.
As the legal battle intensifies, all eyes are now on the High Court’s Anti-Corruption and Economic Crimes Division to determine whether the acquittal will stand or if Waititu will face further legal consequences for the money laundering charge.