The High Court ordered the forfeiture of assets valued at Sh76.2 million after finding that they constitute unexplained wealth linked to former Kiambu Governor Ferdinand Ndung’u Waititu.
In a judgment delivered by Justice Nixon Sifuna, the court partly allowed a civil forfeiture suit filed by the Ethics and Anti-Corruption Commission (EACC) under Section 55 of the Anti-Corruption and Economic Crimes Act (ACECA).
The suit, filed on May 27, 2022, sought the forfeiture of assets worth approximately Sh1.94 billion, alleged to have been acquired through corrupt conduct.
The respondents included Waititu, his wife Susan Wangari Ndung’u, and three associated companies including Saikatu Estate Developers Ltd, Benevue Delta Hotel, and Beans Management Services Ltd.
However, the court dismissed EACC’s claim over funds held in various bank accounts, ruling that the commission failed to conduct proper analysis of specific deposits and balances.
“EACC relied on cumulative figures without identifying suspicious credits or account balances at the time of filing suit,” Justice Sifuna ruled.
He said that the funds appeared to include legitimate business income, loans, and trade proceeds.
The court found that EACC had established a prima facie case regarding several movable and immovable properties, requiring the respondents to explain their acquisition.
Justice Sifuna ruled that several assets remained unexplained and ordered their forfeiture to the state.
These include three motor vehicles, among them a Caterpillar machine valued at Sh11 million, two land parcels in Tindigua, and a property in Kitengela registered in the name of Waititu’s wife.
A property owned by Saikatu Estate Developers Ltd was also forfeited.
The total value of the forfeited assets stands at Sh79.2 million.
All other properties and funds, including those linked to Benevue Delta Hotel, were found to have been satisfactorily explained.
Justice Sifuna also said while Waititu’s conviction amounted to strong prima facie evidence, it was not conclusive in civil forfeiture proceedings.
“A conviction does not automatically determine the outcome of an unexplained wealth suit,” the judge said.
“Such proceedings are civil in nature and must meet the standard of proof on a balance of probabilities.”
The forfeited assets will be surrendered to the Kenya Government.
Email your news TIPS to Editor@Kahawatungu.com — this is our only official communication channel
