The High Court has ordered the forfeiture of assets worth Sh76.2 million belonging to former Kiambu governor Ferdinand Waititu and the recovery of a parcel of land valued at Sh3 million owned by his wife.
The court found that Waititu and his spouse failed to satisfactorily explain how they acquired the properties, terming them unexplained assets under the law.
In its decision, the court held that the couple did not provide credible evidence to demonstrate that the assets were lawfully acquired from known and legitimate sources of income.
Waititu and his wife had opposed the suit, insisting that the properties were legally obtained and that they had adequately accounted for their acquisition.
However, the court rejected their explanations, finding gaps and inconsistencies in the evidence presented to support their claims.
The case was filed by the Ethics and Anti-Corruption Commission (EACC), which had sought the recovery of assets valued at Sh1.9 billion alleged to have been acquired through corrupt conduct.
While declining to grant the full amount sought by the EACC, the court allowed forfeiture only of the specific properties it found to be unexplained.
The judge emphasized that forfeiture proceedings are civil in nature and are aimed at recovering assets whose acquisition cannot be justified, regardless of whether a criminal conviction has been secured.
The recovered assets will now be surrendered to the State in accordance with the law.
The ruling marks a significant development in ongoing efforts by the EACC to recover public assets and curb corruption involving senior public officials.
