The judge further ordered Waititu to deposit Sh24 million in an interest-earning account operated by the EACC, and the value of his vehicles which the commission claims were acquired through graft money.
Vehicle surrender
In the event that he cannot raise the amount, the judge ordered that he surrenders the vehicles and their logbooks to the EACC within seven days.
"In the alternative, he can furnish the commission with a bank guarantee amounting to Sh24 million so as to continue using the vehicles," ruled Justice Maina.
The court had issued the first orders freezing Waititu's assets last year but the orders elapsed after six months prompting the EACC to file another application.
The frozen properties are registered in the names of Waititu, his wife Susan Wangari Ndung'u and their three companies - Saika Two Estate Developers Limited, Bienvenue Delta Hotel and Bins Management Services Limited. They include Delta Hotel, Jamii Bora Bank building, Solar House in Nairobi Central Business District, a building on Biashara Street, a house in Runda Estate, seven vehicles, a tractor, parcels of land in Nairobi, Kiambu, Machakos and Kajiado, as well as millions of shillings in his bank accounts.
EACC, in its suit, claimed that between January 2015 to July 2017 when Waititu served as Kabete MP and August 2017 to January 2020 as Kiambu governor, he amassed wealth totalling Sh1,937,709,376 that was not commensurate with known legitimate sources of income.
"Waititu worked in consonance with county officials while serving as governor and engaged in schemes to embezzle public funds through fictitious and fraudulent procurement contracts after which he was paid huge kickbacks he used to buy the properties," said EACC.
For Waititu, the anti-graft agency listed Sh805 million in his accounts, land and houses in Runda, Lucky Summer, Migaa Estate, Embakasi Ranching, Kayole and Thindigwa, all valued at Sh280 million. The agency also listed five vehicles suspected to be proceeds of corruption.
His wife allegedly had Sh276 million cash in her accounts, and four parcels of land, in Kitengela and Kabete, valued at Sh19 million. Saika Two Estate Developers Limited had landed properties, registered under its name, valued at Sh662 million, and Sh164 million in the account.
Bienvenue Delta Hotel is said to have Sh68 million in its accounts while Bins Management Services Limited has Sh63 million.
However Waititu, in his response, defended his wealth saying he can account for every coin and all properties registered in his name, his wife and their companies.
According to the former governor, he started making his millions after being employed as an accountant by the Ministry of Finance in 1989 and the claims by EACC that he acquired the wealth during the time he was Kabete MP and Kiambu governor are false.
Waititu admitted that he owns the properties listed by EACC but stated that he acquired them by disposing of some of his landed properties and loans from banks.
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According to Waititu, he acquired Jamii Bora Bank Building in 2017 at a cost of Sh200 million and the Delta Hotel Building in 2018 at a cost of Sh380 million through loans supplemented by his savings.
"I can give a sufficient explanation to all my properties acquired during the period I was an MP and governor. The EACC were just in a hurry to file the suit without giving me a chance to explain myself," he said.
Justice Maina scheduled the hearing on May 24.