DPP appeals Waititu’s acquittal in money laundering case, cites legal errors
During the initial trial, the Prosecution argued that the financial transactions linked to Waititu were designed to conceal illicit proceeds.
The Director of Public Prosecutions (DPP) has appealed the acquittal of former Kiambu Governor Ferdinand Waititu in a money laundering case.
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.
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The appeal, filed at the High Court's Anti-Corruption and Economic Crimes Division, argues that the trial magistrate made legal and factual errors in acquitting Waititu and his co-accused, despite the Prosecution presenting what it describes as 'overwhelming evidence'.
"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 only be considered the "originator" of corruption offences," read part of the statement from the DPP.
The case revolves around transactions that took place between July 2, 2018, and March 2019 while Waititu was Governor.
According to the Prosecution, Waititu orchestrated a scheme to launder Sh12,410,500 through Testimony Enterprises Limited and Saika Two Estate Developers Limited, disguising the origin of funds allegedly linked to corrupt dealings.
The trial magistrate, while acquitting Waititu of money laundering charges, found him guilty on separate counts of corruption.
He was convicted of conflict of interest under Section 42(3) as read with Section 48 of the Anti-Corruption and Economic Crimes Act (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).
As a result, he was sentenced to 12 years in prison or a fine of Sh53 million. The DPP, while welcoming this conviction, remains adamant that the money laundering charge should not have been dismissed.
During the initial trial, the Prosecution argued that the financial transactions linked to Waititu were designed to conceal illicit proceeds.
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