GAZETTE NOTICE NO. 4442

IN EXERCISE of the powers conferred by section 92 (5) of the Proceeds of Crime and Anti-Money Laundering Act, 2009, the Registrar High Court gives notice to: 1. Ferdinard Ndungu Waititu 2. Susan Wangari Ndungu 3. Saika Two Estate Developers Limited THAT the High Court has issued forfeiture orders in the High Court Civil Suit (Anti-Corruption and Economic Crimes Division) ACEC Suit E20 of 2022 as specified in the schedule hereto: SCHEDULE REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION ACEC SUIT NO. E20 OF 2022 (OS). ETHICS AND ANTI-CORRUPTION COMMISSION PLAINTIFF AND FERDINARD NDUNGU WAITITU .............................. 1ST DEFENDANT SUSAN WANGARI NDUNGU .................................... 2ND DEFENDANT SAIKA TWO ESTATE DEVELOPERS LIMITED ...... 3RD DEFENDANT BIENVENUE DELTA HOTEL ..................................... 4TH DEFENDANT BINS MANAGEMENT SERVICES LIMITED ............ 5TH DEFENDANT AND MAISAWA AND SPARE PARTS 1ST INTERESTED PARTY LEXIS INTERNATIONAL LIMITED 2ND INTERESTED PARTY EILEEN WANJIKU MBUGUA 3RD INTERESTED PARTY DECREE Prayers Sought In The Originating Motion Dated 27th May 2022 1. Whether the Defendants are in possession of ‘Unexplained Assets’ pursuant to the provisions of the Anti-Corruption and Economic Crimes Act, 2003 worth Kshs. 1,937,709,376.54 billion comprising landed property, motor vehicles, and amounts transacted through bank accounts as itemised hereunder in paragraphs 2. 2. Whether the landed properties, motor vehicles, and bank account transactions listed herein below, in the name of Ferdinard Ndungu Waititu, the 1st Defendant, herein, constitute unexplained assets within the meaning of section 55 of the Anti-Corruption and Economic Crimes Act, No. 3 of 2003. Table 2.1: Landed Properties S/No. Land title No. Description Transaction Date Value 1. House No.110 on LR No. 12825/195 Kencom Sacco- Runda June 2018 30,000,000.00 2. LR No 209/168 Lakisama Jan 2018 7,500,000.00 3. LR No. 29059 (Plots G 906 and G 907) Migaa Estate Sept 2017 20,000,000.00 4. LR No. 7785/311 Runda Grove Aug 2018 96,000,000.00 5. Nairobi/Block 105/8848 and 8849 Embakasi Ranching March 2015 10,000,000.00 6. Nairobi/Block 105/8851 and 8850 Embakasi Ranching Feb 2016 33,000,000.00 7. LR No. 28428/80 Thindigua May 2018 32,000,000.00 8. LR No. 28428/77 Thindigua March 2019 32,000,000.00 9. Nairobi/Block 187/485 and 484 Kayole July 2018 20,000,000.00 Total 280,500,000.00 Table 2.2: Motor Vehicles S/No. Registration No. Model Reg. owner Date of transfer/reg. Est. Value 1. KCP 200A Toyota Land Cruiser Ferdinard Ndungu Waititu 04/01/2018 4,000,000.00 2. KCJ 665X Toyota D/ Cabin Ferdinard Ndungu Waititu 30/11/2016 4,000,000.00 3. KCJ 549X Toyota Probox Ferdinard Ndungu Waititu 23/11/2016 600,000.00 4. KCJ 548X Toyota Vitz Ferdinard Ndungu Waititu 23/11/2016 600,000.00 5. KCC 333F Toyota Land Cruiser Ferdinard Ndungu Waititu 19/02/2015 4,000,000.00 Total 13,200,000.00 Table 2.3: Bank Deposits S/No. Bank Name Account No. Amount 1. Jamii Bora Bank 1001826949002 89,537,090.00 2. Equity Bank 0320191806660 282,820,388.00 3. Family Bank 001000040791 56,784,999.00 4. Prime Bank 20000066556 3,600,000.00 27th March, 2026 THE KENYA GAZETTE S/No. Bank Name Account No. Amount 5. DTB Bank 0002750101 280,324,600.00 6. Mwananchi Credit Limited (Loan Account) CCIN000247- 1,600,000.00. 7. Co-operative 01100041447400 90,011,431.40 Total 804,678,508.40 3. Whether the landed properties, motor vehicles and bank account transactions, listed herein below, in the name of Susan Wangari Ndungu, the 2nd Defendant, herein, constitute unexplained assets within the meaning of section 55 of the Anti-Corruption and Economic Crimes Act, No. 3 of 2003. Table 3.1: Landed Properties S/No. Land title No. Date of transfer/registration Value 1. LR Kabete/Lower Kabete/4318 19/02/2019 10,000,000.00 2. Subdivision 43923 Kajiado/Kitengela/84909 04/07/2017 3,000,000.00 3. Kajiado/Kitengela /66165 07/07/2017 3,000,000.00 4. Kajiado/Kitengela /66166 07/07/2017 3,000,000.00 Total 19,000,000.00 Table 3.2: Motor Vehicles S/No. Reg. No. Model Reg. owner Date of Transfer/Reg. Est. Value 1. KCK 784C Toyota Ractis Susan Wangari Ndungu/ Ekeza Savings 07/12/2016 400,000.00 Total 400,000.00 Table 3.3: Bank Deposits No Bank Name Account Number Amount 1. Equity Bank 0320191948938 33,663,151.35 2. Equity Bank 0650262219421 238,352,507.00 3. Equity Bank 0640175544245 4,227,000.00 Total 276,242,658.35 4. Whether the landed properties and bank account transactions, listed herein below, in the name of SAIKA TWO ESTATE DEVELOPERS LIMITED, the 3rd Defendant, herein, constitute unexplained assets within the meaning of section 55 of the Anti- Corruption and Economic Crimes Act, No. 3 of 2003. Table 4.1: Landed Properties S/No. Land title No. Description Transaction Date Value 1. LR No. 209/2582 Bienvenue Delta Hotel March 2018 300,000,000.00 2. LR No 209/4357 Biashara street Dec 2017 110,000,000.00 3. LR No. 209/2540/01 Jamii bora bank Feb 2017 200,000,000.00 4. LR No. 209/4292 Solar House (Partial Payment) Feb 2017 52,000,000.00 5. Nairobi block 168/940 Jan 2018 Total 662,000,000.00 Table 4.2: Bank Deposits S/No. Bank Name Account Number Amount 1. Co-operative Bank 01161201155200 65,071,000.00 2. Equity Bank 0010276786052 99,258,068.39 Total 164,329,068.39 5. Whether the bank account transactions, listed herein below, in the name of BIENVENUE DELTA HOTEL, the 4th Defendant, herein, constitute unexplained assets within the meaning of section 55 of the Anti-Corruption and Economic Crimes Act, No. 3 of 2003. Table 5.1: Bank Deposits No. Bank Name Account No. Amount 1. Equity Bank 001027406659 58,813,981 2. Equity Bank (USD) 0010277562207 USD 88,632.17@100 8,863,217 Total 67,677,198 6. Whether earnings from Bienvenue Hotel being a going concern constitutes proceeds of corruption and thus the hotel ought to be placed under receivership. 7. Whether the bank account transactions, listed herein below, in the name of Bins Management Services Limited, the 5th Defendant, herein, constitute unexplained assets within the meaning of section 55 of the Anti-Corruption and Economic Crimes Act, No. 3 of 2003. Table 7.1: Bank Deposits No Bank Name Account Number Amount 1. Consolidated Bank 1013130200004 62,711,000 Total 62,711,000 8. Whether a Declaration should issue against, Maisawa And Spare Parts, Lexis International Limited, and Eileen Wanjiku Mbugua, the Interested Parties herein, that the following properties/money constitute unexplained assets pursuant to the provisions of section 55 of the Anti-Corruption and Economic Crimes Act, 2003. Table 8.1: Equipment MAISAWA AND SPARE PARTS S/No. Reg. No. Model Reg. owner Transaction Est. Value 1. KHMA572J Caterpillar Maisawa and Spare Parts 19/02/2018 11,000,000.00 Total 11,000,000.00 Table 8.2: LEXIS INTERNATIONAL LIMITED S/No. Land title No. Description Transaction Date Value 1. LR No. 29059 (Plots G 906 and G 907) Migaa Estate Sept 2017 7,000,000.00 Total 7,000,000.00 Table 8.3: EILEEN WANJIKU MBUGUA S/No. Land title No. Description Transaction Date Value 1 LR No. 28428/80 Thindigua May 2018 12,700,000.00 Total 12,700,000.00 9. Whether the 2nd -5th defendants and the Interested Parties hold the properties registered in their names, and which are part of the properties listed hereinabove, in trust for the 1st Defendant and/or are the 1st Defendant’s agents as contemplated under Section 55(7) of the Anti-Corruption and Economic Crimes Act, 2003. 10. Whether the 1st – 5th Defendants should be ordered by this Honourable Court to pay to the Government of Kenya the sum of Kshs. 1,375,638,433.00 together with interest at Court rates thereon from the date of filing the suit until payment in full, being the cumulative amounts received in their bank accounts in the period of interest as set out herein below. Table 10.1: Cumulative Bank Credits/Deposits Defendant Total credits/ deposits (Kshs.) Ferdinard Ndungu Waititu 804,678,508.40 Susan Wangari Ndungu 276,242,658.35 1430 1430 Defendant Total credits/ deposits (Kshs.) Saika Two Estate Developers Limited 164,329,068.39 Bienvenue Delta Hotel 67,677,198.00 Bins Management Services Limited 62,711,000.00 Total 1,375,638,433.00 11. Whether the 1st – 3rd Defendants should be ordered by this Honourable Court to forfeit and surrender to the Government of the Republic of Kenya ownership of all those landed properties particularized in tables 2.1, 3.1, and 4.1 above, worth Kshs. 961,000,000. 12. In the alternative to paragraph 11 above, whether the 1st – 3rd Defendants should be ordered by this Honourable Court to pay to the Government of the Republic of Kenya an amount equal to the market value of all those landed properties particularized in tables 2.1, 3.1, and 4.1 above. 13. Whether the 1st and 2nd Defendants and 3rd Interested Party should be ordered by this Honourable Court to pay to the Government of the Republic of Kenya Kshs. 24,600,000 amount equal to the market value of motor vehicles and equipment, particularized in tables 2.2, 3.2, and 8.1 above. 14. In the alternative to paragraph 13 above, whether this Honourable Court should order that the motor vehicles and equipment listed in tables 2.2, 3.2, and 8.1 above be sold by public auction and the proceeds paid and/or forfeited to the Government of the Republic of Kenya. 15. Whether the Defendants should be ordered by this Honorable Court to meet the costs of this suit. THIS MATTER is coming up for judgment on the Originating Summons dated 27th May 2022, brought under Section 55 of the Anti- Corruption and Economic Crimes Act, No. 3 of 2003, and Order 37 Rule 14 of the Civil Procedure Rules, before Hon. Justice Prof. (Dr.) Nixon Wanyama Sifuna on 19th December 2025, IN THE PRESENCE of counsel for the Plaintiff, the Respondents, and the 1st, 3rd–5th Interested Parties. IT IS HEREBY DECREED AS FOLLOWS; i. THAT the court be and is hereby satisfied with the explanations given in regard to all the landed and movable properties of these two Defendants, except the following: A. Ferdinand Ndung'u Waititu (The 1st Defendant) 1. Motor Vehicles (a) Motor Vehicle - Reg No. KCJ 549X (TOYOTA PROBOX) - Valued at Ksh 600,000/= (b) Motor Vehicle - Reg No. KCJ 548X (TOYOTA VITZ) - Valued at Ksh 600,000/= (c) Motor Vehicle - Reg No. KHMA572J (Caterpillar) - Valued at Ksh 11 million 2. Land Properties (a) LR No. 28428/80 (Thindigua) - Valued at Ksh 32 million (b) LR No. 28428/77 (Thindigua) -Valued at Ksh 32 million Total Value KSh. 76,200,000/= B. Susan Wangari Ndung’u (2nd Defendant) 1. Land Parcel (a) Kajiado/Kitengela/66166- Valued at KSh. 3 million Total Value Ksh 3 Million C. Saika Two Estate Developers Limited (3rd Defendant) (a) Land Registration No. 209/4292 (Solar House)- Valued at Ksh 52 million Total Value Ksh 52 Million ii. THAT for those tainted assets (as listed above), they having been by this judgment found to be unexplained wealth, it is hereby ordered that they be forthwith FORFEITED to the Kenya Government. iii. THAT as for the funds on the bank accounts and the rest of the properties including BIENVENUE DELTA HOTEL, this Court finds the explanations and proof of their manner of acquisition and status, satisfactory. Many of them having been acquired with credit facilities and loans from financial institutions (e.g banks and SACCOs). For those assets, it is hereby ordered that they are consequently discharged and the preservation orders earlier granted for their preservation, are hereby vacated forthwith. GIVEN under my HAND and SEAL of this Honourable Court this 19th day of December 2025. ISSUED at NAIROBI this 15th day of January 2026. EVERLYN GAITHUMA, High Court of Kenya, Anti–Corruption and Economic Crimes Division, Nairobi. Dated the 19th January 2026. CLARA OTIENO - OMONDI, Registrar, High Court of Kenya.