In a significant ruling delivered on Friday, December 19, 2025, Kenya’s High Court has ordered former Kiambu County Governor Ferdinand Waititu and his wife, Susan Wangari Ndung’u, to forfeit assets valued at approximately Ksh131 million to the State in a high-profile civil asset recovery case brought by the Ethics and Anti-Corruption Commission (EACC). The judgment marks a partial victory for anti-graft authorities pursuing accountability for unexplained wealth allegedly amassed during Waititu’s tenure in public office.
The forfeiture order stems from a civil suit filed by the EACC in the Anti-Corruption and Economic Crimes Division of the High Court, which sought recovery of assets worth Ksh1.9 billion that the commission claims were obtained illegally between 2015 and 2020 while Waititu served as Member of Parliament for Kabete Constituency and later as Kiambu governor. Although the court did not approve full forfeiture of all assets sought by the EACC, Justice Nixon Sifuna ruled that certain properties lacked satisfactory documentation to demonstrate lawful acquisition and thus fell within the legal definition of unexplained wealth under Kenyan law.
Among the properties ordered forfeited are two plots of land estimated at roughly Ksh32 million, a Caterpillar construction vehicle valued at about Ksh11 million, and two vehicles each valued at Ksh600,000. The ruling partially upheld the EACC’s contention that Waititu and his spouse failed to offer convincing evidence that these assets were acquired through legitimate channels. However, the court declined to grant the commission’s request to seize various bank account funds and other holdings due to what Justice Sifuna described as insufficient evidence provided by the prosecution to link those assets directly to unexplained wealth.
The judgment follows earlier proceedings in which Waititu and his wife were ordered to appear in court for delivery of the judgment after previously missing scheduled hearing dates related to the forfeiture application, prompting judicial admonishments regarding their attendance.
Waititu’s legal troubles date back to 2022 when the EACC first filed the asset recovery suit alleging corruption, fraudulent procurement contracts and unexplained accumulation of wealth during his time in elected office. The case intersects with separate criminal convictions in which Waititu was in February 2025 sentenced to 12 years in prison — or to pay a substantial fine — after being found guilty in a Ksh588 million graft case involving conflict of interest related to county contracts. His wife also faced sentencing in that matter.
The partial forfeiture represents a strategic outcome for the EACC and the Kenyan judiciary, illustrating the challenges anti-corruption authorities confront in establishing legal thresholds for asset recovery, particularly when complex civil standards intersect with allegations of illicit enrichment. Legal observers note that while the ruling falls short of the total recovery sought, it affirms the judiciary’s willingness to hold public officials and associates accountable where evidence supports the State’s claims.
As the forfeited assets are formally transferred to government custody, the EACC has reinforced its mandate to pursue unexplained wealth and corruption through robust legal avenues, reinforcing Kenya’s broader anti-graft agenda amid ongoing public demands for enhanced transparency and accountability in public service.