The Director of Public Prosecutions (DPP) has successfully opposed a bid by former Kiambu Governor Ferdinand Waititu, who is serving a 12-year prison term, to review his sentence.

In February 2025, Waititu was convicted and ordered to either pay a fine of Sh53.5 million or serve 12 years in prison.

Court Ruling

The judge presiding over the case, Justice Lucy Njuguna, ruled that the sentencing will stand pending the hearing and determination of Waititu’s appeal.

Waititu will continue serving his term at Kamiti Maximum Prison, after failing to meet strict bond terms that required him to deposit a Sh53 million bank guarantee.

Justice Lucy Njuguna also added that Waititu’s appeal must be heard and concluded within 120 days, a move that keeps the former Kiambu Governor in a state of uncertainty.

Since the February conviction, Waititu has mounted multiple legal challenges and bail applications with The High Court on earlier occasions dismissing some of his bail pleas, only to later allow him limited relief.

In late July, the court granted release on a KSh 53 million bank-guarantee bond while his appeal is pursued.

The latest ruling, however, means the underlying sentence remains judicially intact even for the period he is free on bond, unless the appellate court changes the outcome.

Justice Lucy Njuguna also warned that any delays on the part of the former governor could lead to the case being struck out.

The matter will be mentioned in court on 1st October 2025.

Waititu’s Ksh588 Million Roads Tender Explained

Former Kiambu Governor Ferdinand Ndung’u Waititu, popularly known as Baba Yao, is facing a case involving the alleged fraudulent award of road construction tenders worth Ksh588 million, which the prosecution says were manipulated for personal gain while he was in office between 2017 and 2020.

Investigations by the Ethics and Anti-Corruption Commission (EACC) revealed that companies linked to Waititu and his associates received irregular payments from the county government.

These payments were allegedly disguised as legitimate contractual transactions for the upgrading and maintenance of roads across Kiambu County.

According to court documents, the tendering process was compromised from the start. EACC investigators found that the governor and senior county officials:

• Manipulated procurement procedures to favor Testimony Enterprises Ltd, a company allegedly tied to Waititu’s associates.
• Pushed through inflated payments, resulting in massive overpricing of road works.
• Routed part of the proceeds to Waititu’s personal accounts and those of his family members and close allies.

The court heard that Ksh25.6 million was directly traced to Waititu and his wife, Susan Ndung’u, from the contractors’ accounts.

Some funds were reportedly used to purchase prime properties in Nairobi and Kiambu, as well as to finance political activities.

Political and Legal Implications

The upholding of the sentence is a major blow to Waititu, who has remained an influential political figure despite his ouster as Kiambu governor in 2020 through impeachment.

Legally, it reinforces Kenya’s anti-graft drive and sends a message that powerful individuals can be held accountable.

The ODPP views this as a huge win and a way forward in dealing with corruption as the office of the ODPP has been under intense pressure to secure convictions in high-profile corruption cases.

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This case also marks a significant moment in Kenya’s anti-corruption efforts, with Waititu becoming the second former governor convicted after Moses Lenolkulal.

Waititu 2023 Saga

In 2023, the EACC froze Waititu’s assets worth nearly Ksh2 billion, alleging they were acquired through corrupt means during his tenure as governor.

EACC secured orders from the Anti-Corruption and Economic Crimes Division of the High Court to freeze Waititu’s assets, which include 18 parcels of prime land, seven vehicles, and income-generating properties like Bienvenue Delta Hotel.

These were allegedly acquired during his tenure as:

• Kabete MP (2015–2017)
• Kiambu Governor (2017–2020)

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EACC investigations revealed that Waititu awarded fraudulent tenders to contractors, who then transferred kickbacks to him, his wife, and their companies.

He also traded directly with the county government using companies registered under his wife and daughter’s names.

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