The Director of Public Prosecutions (DPP) has moved to the High Court to appeal the acquittal of former Kiambu Governor Ferdinand Ndung’u Waititu.

Widely known as Babayao, in a high-profile money laundering case.

This appeal comes just a week after the Nairobi Anti-Corruption Court, on February 13, 2025, cleared Waititu of the charges.

The DPP argues that the trial magistrate erred both in law and fact.

By acquitting Waititu and his co-accused despite what the prosecution insists was compelling evidence.

Compelling evidence

In a petition filed at the High Court’s Anti-Corruption and Economic Crimes Division,

The DPP seeks to overturn the decision, maintaining that the lower court misinterpreted key legal aspects of the case.

The prosecution contends that even though the trial court acknowledged the presence of sufficient evidence linking the accused to money laundering.

The DPP argues that the trial court misinterpreted the law by treating Waititu differently as the “originator” of corruption offenses under the Anti-Corruption and Economic Crimes Act (ACECA).

And further the Proceeds of Crime and Anti-Money Laundering Act (2009).

Moreover,the appeal outlines twelve strong grounds for reversing the acquittal and securing a conviction, urging the court to impose the necessary legal penalties.

Prosecution arguements

During the initial trial, the prosecution argued that between July 2, 2018, and March 2019, in Nairobi, Waititu knowingly engaged in laundering Ksh. 12,410,500.

The funds, believed to be proceeds of corruption, were allegedly funneled from Testimony Enterprises Limited to Saika Two Estate Developers Limited in an attempt to conceal their illicit origins.

While Waititu was acquitted of the money laundering charge.

He was convicted on separate corruption-related offenses.

The Anti-Corruption Court sentenced him to 12 years in prison

Or a fine of Ksh. 53 million after finding him guilty of conflict of interest

And dealing with suspected property under various provisions of the ACECA.

The DPP welcomed the conviction but remains determined to pursue justice regarding the money laundering charge.

The prosecution insists that accountability must be upheld,

And it will push for a review of the acquittal to ensure that no loophole allows impunity to thrive.