In courts: Judgement expected on EACC Sh1.9bn recovery suit against Waititu

Wheels of Justice

A case in which the Ethics Anti-Corruption Commission (EACC) is seeking to recover Sh1.9 billion worth of assets from former Kiambu governor Ferdinand Waititu is scheduled for judgment today.

The civil suit, filed at the High Court’s Anti-Corruption and Economic Crimes Division, centres on EACC's allegations that Waititu accumulated wealth beyond his legitimate income while serving in public office between 2015 and 2020.

His wealth, the commission says, is not commensurate with his known and legitimate sources of income at the time he held public office between 2015 and 2020.

The commission adds investigations revealed that the former Kiambu boss abused his position of trust as the Member of Parliament for Kabete Constituency and as the Governor of Kiambu for private gain by engaging in transactions that were in conflict with the public interest, allegations that he has strongly refuted, basing them as unfounded.

Waititu was the Kabete MP from 2015 to 2017 and the Kiambu governor between 2017 and January 2020, when his impeachment was upheld by the Senate.

In the Sh1.9 billion forfeiture case, EACC is asking the court to declare the contested assets as proceeds of unexplained wealth and therefore liable for recovery by the state. 

The final verdict will be delivered today.

Kungu Muigai case

In a separate courtroom, the High Court is today expected to issue directions in a matter involving businessman Kung’u Muigai and two senior members of the Judiciary.

The suit centres on allegations made against Supreme Court Judge Isaac Lenaola and Court of Appeal Judge Milton Asike-Makhandia over their alleged handling of the long-running commercial dispute between Benjoh Amalgamated Ltd and Muiri Coffee Estate Ltd versus Kenya Commercial Bank (KCB).

The Judiciary has previously dismissed the claims, stating that Muigai’s allegations are unfounded and misrepresent the record of proceedings in the decades-old dispute.

The Benjoh–Muiri case dates back to 1989, when KCB advanced a loan facility to Benjoh Amalgamated Ltd, secured through charges on company property and a guarantee provided by Muiri Coffee Estate Ltd.

Several suits and counter-applications have since emerged.

In an earlier related matter, the High Court issued orders barring Muigai from making or publishing any statements deemed defamatory against Justice Lenaola, pending the full hearing and determination of the case.

Despite the gag order, Muigai insists that the allegations he has raised concerning the handling of the commercial dispute are truthful and based on his experiences throughout the protracted legal battle.

Today’s directions are expected to clarify the next steps in the case.