The Director of Public Prosecutions (DPP) has lodged an appeal against the acquittal of former Kiambu Governor Ferdinand Ndung’u Waititu, widely 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 a ruling by the Nairobi Anti-Corruption Court on February 13, 2025, which cleared Waititu of the charges.
The DPP contends that the trial magistrate’s decision to acquit Waititu and his co-accused was flawed in both law and fact, despite what the prosecution describes as “overwhelming evidence” presented during the trial. The prosecution is now urging the High Court to overturn the acquittal and deliver a conviction, arguing that the lower court misinterpreted key aspects of the case.
At the heart of the appeal is the DPP’s assertion that Waititu played a central role in a scheme to launder Ksh. 12.41 million between July 2, 2018, and March 2019. According to the prosecution, the funds—alleged to be proceeds of crime—were funneled from Testimony Enterprises Limited to Saika Two Estate Developers Limited in an effort to conceal their illegal origins. The DPP claims the trial magistrate erred by acknowledging sufficient evidence of money laundering yet failing to hold Waititu accountable as the “originator” of related corruption offenses, including conflict of interest and handling suspected property.
In a detailed filing, the DPP outlined twelve grounds for reversing the acquittal, asserting that Waititu’s actions violated provisions of the Anti-Corruption and Economic Crimes Act (ACECA) and the Proceeds of Crime and Anti-Money Laundering Act of 2009. The prosecution is seeking a conviction and a sentence in line with legal penalties for such offenses.
While Waititu escaped conviction on the money laundering charge, he has already been found guilty in a separate but related corruption case. The Anti-Corruption Court sentenced him to 12 years in prison or a Ksh. 53 million fine for conflict of interest and three counts of dealing with suspected property under ACECA. The DPP hailed this ruling as a victory but emphasized its determination to secure justice in the money laundering matter.
The appeal marks the latest chapter in Waititu’s legal battles, casting a spotlight on Kenya’s ongoing efforts to combat corruption and financial crimes among public officials. As the case moves to the High Court, all eyes will be on whether the prosecution can successfully overturn the acquittal of the embattled former governor.
