Court directs Waititu, wife to appear in person in Sh1.9 billion assets recovery case
The Court warned that the continued absence of the respondents was no longer acceptable and stressed that the case must now be concluded without further delay.
The High Court has directed jailed former Kiambu Governor Ferdinand Waititu and his wife, Susan Wangari, to appear in person when judgment is delivered in a Sh1.9 billion asset recovery case brought by the Ethics and Anti-Corruption Commission (EACC).
Justice Nixon Sifuna issued the order after the couple failed to attend Court on two previous occasions when the matter had been listed for judgment. The Court warned that the continued absence of the respondents was no longer acceptable and stressed that the case must now be concluded without further delay.
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“This Court will deliver its judgment on the scheduled date, whether or not the respondents are present,” Justice Sifuna said, while directing that Waititu and his spouse personally attend Court on Friday, December 19.
The proceedings arise from a civil forfeiture suit filed before the High Court’s Anti-Corruption and Economic Crimes Division, in which the EACC is seeking to recover assets it claims were unlawfully acquired during Waititu’s time in public office. The commission has placed the value of the contested properties at about Sh1.9 billion.
According to the EACC, investigations show that the wealth was accumulated between 2015 and 2020, a period when Waititu served first as Kabete Member of Parliament and later as Kiambu governor.
The Commission alleges that he abused his position of trust for personal gain, working together with his wife and companies linked to them.
Court filings indicate that the anti-graft agency accuses the respondents of benefiting from fictitious and fraudulent procurement contracts while Waititu was in office. The EACC is asking the Court to declare the listed properties as unexplained wealth and order their forfeiture to the State.
Waititu and Wangari have contested the claims, insisting that all the assets were lawfully acquired and that the commission’s allegations lack factual and legal basis.
Judgment in the matter was initially slated for November 26, 2025, but could not be delivered after the Court failed to sit.
A second attempt on December 17 was also unsuccessful, prompting Justice Sifuna to issue fresh directions compelling the personal attendance of the respondents and setting a final date for the ruling.
The civil asset recovery case is running alongside Waititu’s criminal trial.
In February 2025, he was convicted in a separate Sh588 million corruption case and found guilty of conflict of interest.
Waititu was handed a sentence of either paying a Sh53.5 million fine secured by a bank guarantee or serving 12 years in prison, and was further barred from holding elective office for seven years.
The former governor has appealed against both the conviction and sentence. His legal team has indicated that efforts are ongoing to secure his release pending appeal, including attempts to obtain a bank guarantee.
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