Former Kiambu Governor Ferdinand Waititu has lost his appeal against his conviction in the Sh588 million roads tender corruption case, and the High Court has also found him and his wife guilty of money laundering.
In a judgment delivered on Wednesday, October 14, 2026, Justice Rose Ougo of the Anti-Corruption and Economic Crimes Division upheld the convictions handed down by the trial court against Waititu, his wife, Susan Wangari Ndung’u, 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.
She also allowed the prosecution’s cross-appeal against the lower court’s decision to acquit the former governor and his wife of money laundering. “The State’s cross-appeal is allowed. Those acquittals are set aside,” Justice Ougo ruled.
The court also cancelled the bond terms that had allowed the accused to stay out of custody during the appeal. According to the Office of the Director of Public Prosecutions (ODPP), Susan Wangari will be held at Lang’ata Women’s Prison, while Waititu and his two co-accused will be held at Nairobi Remand Prison until mitigation and sentencing at the Milimani Anti-Corruption Chief Magistrate’s Court on October 19, 2026. The judge ordered that the new sentences run concurrently with the existing ones and gave the parties 14 days to appeal.
The appellants had challenged their convictions on charges of conflict of interest, dealing with suspect property, abuse of office, engaging in fraudulent practices in procurement, and fraudulent acquisition of public property during Waititu’s time as governor.
The case centres on a Sh588.2 million contract awarded to Testimony Enterprises Limited in the 2017/2018 financial year to upgrade gravel roads to bitumen standard in Thika, Limuru, Gatundu North, Juja and Ruiru sub-counties.
The trial court found that the company had used forged academic certificates for its technical staff to win the tender and had fraudulently obtained Sh147,274,055 from the county government. Some of that money was traced to the former governor’s family.
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Waititu received Sh25,624,500 through his business interests, including Saika Two Estate Developers Limited, while his wife received Sh7,214,000 through Bienvenue Delta Hotel.
The Ethics and Anti-Corruption Commission (EACC), which investigated the case, welcomed the ruling. “The Ethics and Anti-Corruption Commission (EACC) welcomes the High Court’s decision to uphold the conviction and sentence of former Kiambu County Governor Ferdinand Waititu Babayao,” the commission said.
It said it “particularly lauds the court’s decision to overturn the lower court’s acquittal” on the money laundering charges, describing tracing the money as “a key element in the Commission’s investigations in an attempt to follow the money.”
Waititu was first convicted on February 12, 2025, and sentenced to 12 years in jail, with the option of a fine of Sh53.5 million. He began serving the sentence at Kamiti Maximum Prison. On July 31, 2025, Justice Lucy Njuguna released him on bond pending appeal, citing his deteriorating health as an exceptional circumstance, on condition that he provide a bank guarantee for the full fine.
When his lawyer, Christopher Ndolo Mutuku, told the court that Waititu could not raise the guarantee, Justice Wilfrida Okwany reviewed the terms on February 18, 2026. “The applicant shall execute a cash bail of Sh20 million or, in the alternative, provide two sureties,” she ruled, and also ordered him to deposit his passport in court.
The former governor also faces other legal action. The EACC is seeking to recover Sh170 million from Waititu and Testimony Enterprises Limited as alleged proceeds of corruption in a separate civil case that is still pending. In December 2025, the Anti-Corruption High Court ordered the forfeiture of assets worth about Sh131.2 million linked to Waititu and associated parties.
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