Between convictions and acquittals: A year of uneven graft justice

Every stolen shilling in a corruption case has a silent victim: a road left half-built, a clinic without medicine, a classroom without desks.

Yet throughout 2025, as billions of shillings were chased through Nairobi’s anti-corruption courts and courtrooms across the country, Kenyans watched a parade of powerful figures pass through the justice system.

The headlines told the story of former and sitting governors in the dock, senior judicial officers under investigation, frozen bank accounts, sudden acquittals, plea bargains, and billion-shilling asset recovery suits quietly settled out of court.

Some of the high-profile cases this year involved former Kiambu Governor Ferdinand Waititu, former Nairobi Governor Evans Kidero, former Samburu Governor Moses Lenolkulal, former Busia Governor Sospeter Ojaamong, Trans Nzoia Governor George Natembeya, Bomet Governor Hillary Barchok, and former Bungoma Governor Wycliffe Wangamati.

They faced charges ranging from abuse of office and unlawful acquisition of public property to conflict of interest and money laundering.

Between a few dramatic convictions and many cases that collapsed—some through court acquittals, others through controversial prosecutorial withdrawals by Director of Public Prosecutions (DPP) Renson Ingonga—the country’s anti-graft justice system once again stood exposed as powerful, noisy, slow and deeply uneven. 

Waititu cornered

The year opened with one of the strongest statements the courts have made against political corruption in recent memory. In February, Waititu was convicted and sentenced to 12 years in prison or fined Sh53.7 million for receiving Sh25.6 million in kickbacks linked to a Sh588 million road tender scandal.

The court sent a clear message that public officials would be held accountable for misusing public resources and would pay dearly for their misconduct.

Magistrate Thomas Nzioki found that Waititu had abused his office to influence the award of a roads contract in Kiambu and had received millions in kickbacks through firms associated with him.

His wife, Susan Wangari Ndung’u, former county roads chief officer Eng Luka Wahinya, and businessman Charles Mbuthia Chege were also convicted.

Waititu was taken to Kamiti Maximum Security Prison, where, as the year closes, he remains behind bars after failing to meet a Sh53 million bank guarantee bail condition pending appeal.

Investigations by the Ethics and Anti-Corruption Commission (EACC) revealed a complex web of conflict of interest, fraud and money laundering.

Beyond the criminal case, the Asset Recovery Agency (ARA) moved to seize assets worth Sh1.9 billion belonging to Waititu, suspected to be proceeds of corruption.

The agency froze his bank accounts and multi-billion-shilling properties, leaving the former governor without assets to secure bail pending appeal.

Among the properties targeted were houses and land in upscale estates such as Runda, Migaa and Runda Grove, as well as parcels in Embakasi Ranching, Thindigua, Kayole and Nairobi’s Central Business District, including the Bienvenue Delta Hotel.

For anti-graft agencies, the Waititu conviction became the year’s symbolic victory—proof that powerful politicians could still fall.

Dramatic acquitals

Yet barely months later, that sense of victory was punctured.

Three former governors—Evans Kidero, Moses Lenolkulal and Sospeter Ojaamong—walked free after courts acquitted them in separate corruption cases totalling more than Sh300 million for lack of evidence.

Records in court registries across the country show that throughout the year only 54 of the 213 corruption, economic crime and ethics cases filed were concluded.

In March, the war on corruption took a dramatic turn when the EACC secured warrants to raid the home of Thika Law Courts Chief Magistrate Stellah Atambo over bribery allegations.

Detectives recovered Sh2.07 million in cash hidden inside a laptop bag.

The Commission said it was investigating claims that the magistrate had received bribes from accused persons in criminal cases.

Days later, however, Atambo obtained High Court orders halting the probe and her prosecution, reigniting public debate over whether members of the Judiciary were protecting their own.

On May 17, 2025, the DPP arraigned former University of Nairobi Council chairperson Prof Amukowa Anangwe and three senior officials over a Sh32.4 million corruption case.

The four—Prof Anangwe, council members Caren Omwenga and Abdullahi Ahmed, and Chief Operations Officer Daniel Brian Ouma, were charged with abuse of office and unlawful acquisition of public property.

The charges stemmed from a council resolution of April 19, 2024, which reappointed Ouma as acting COO and nullified a letter from then Vice-Chancellor Prof Stephen Kiama rescinding the appointment, allegedly improperly benefiting Ouma.

Barely two months after the dramatic arraignment, the DPP requested to drop the case under Section 87(a) of the Criminal Procedure Code without giving reasons.

Prof Anangwe insisted he was innocent, claiming the charges were politically motivated.

His lawyer, Mohammed Abdrazak, said: “It was never about corruption; it was about removing my client from the university council through State machinery.”

On May 20, 2025, the DPP and EACC again moved against Trans Nzoia Governor George Natembeya, charging him with unlawfully acquiring public land valued at Sh3.2 million.

His lawyers, led by Senior Counsel Kalonzo Musyoka and advocate Ndegwa Njiru, accused Ingonga of being used by the Executive to settle political scores.

They argued that the prosecution was linked to Natembeya’s growing political influence as a potential “kingpin” of the Mulembe Nation.

Amid heightened political tension, the State secured orders barring Natembeya from accessing his office for 60 days.

The DPP, however, vehemently denied claims of Executive interference.

When the case came up for pre-trial two weeks later, Ingonga admitted investigations were still ongoing, prompting questions over why charges had been rushed.

Natembeya later filed constitutional petitions to halt the prosecution. The case remains stalled.

In the same month, former Busia Governor Sospeter Ojaamong and eight others were acquitted in a Sh8 million graft case linked to a solid waste management project.

Milimani Magistrate Eunice Kagure Nyutu ruled: “I have read the evidence as adduced in this case and find that the prosecution failed to prove all the charges against the accused persons pursuant to Section 215 of the Criminal Procedure Code, and I acquit them accordingly.”

Although the prosecution called 20 witnesses, the court found their testimony insufficient to meet the threshold required for conviction.

Ojaamong faced four corruption-related charges, including conspiracy to commit an economic crime, abuse of office and engaging in a project without proper planning.

The charges stemmed from a solid waste management project initiated during his tenure in 2014, in which he allegedly entered into a Memorandum of Understanding with Berlin-based firm Madam R Enterprises during an official trip to Germany. 

In September 2025, Bomet Governor Hillary Barchok and former Bungoma Governor Wycliffe Wangamati were charged in separate graft cases involving Sh2 million and Sh31.8 million respectively.

As 2025 wore on, some accused individuals opted for plea bargains rather than drawn-out trials.

Obado’s properties auctioned

In October, the EACC auctioned five high-value properties linked to former Migori Governor Okoth Obado and his associates, raising Sh69.7 million.

The sale followed a controversial 2024 deal in which prosecutors dropped a Sh1.9 billion forfeiture case after Obado’s family surrendered properties worth Sh235 million.

The auction included Loresho townhouses, Greenspan apartments and luxury vehicles, with more assets expected to be sold in subsequent phases.

In November this year, the High Court overturned the Sh84 million fuel scandal conviction of former Samburu Governor Moses Lenolkulal.

Justice Musyoki ruled: “The convictions and sentences were imposed even after the State failed to prove that Lenolkulal did business with the County Government.” The judge also set aside the sentences of Lenolkulal’s co-accused, Hesbon Ndathi and Bernard Lesurmat, declaring their convictions unsustainable.

Lenolkulal had earlier been sentenced to four years in prison or fined Sh85.4 million over conflict of interest and unlawful acquisition of public property. With the High Court ruling, the former governor walked free and regained the right to hold public office after the court lifted the 10-year political ban imposed under Section 64 of the Anti-Corruption and Economic Crimes Act.

That same month, Kidero was cleared of three corruption charges, including dealing with suspect property worth Sh24 million and conspiracy to commit fraud involving the alleged loss of Sh213 million from City Hall during his tenure.

Kidero was acquitted alongside former county finance chief Jimmy Kiamba, former county secretary Lilian Ndegwa, former acting chief finance officer Luke Gatimu and acting head of treasury Maurice Ochieng Okere.

They had been accused of authorising payments to Ngurumani Traders and Lodwar Wholesalers Ltd for services not rendered between January 2014 and January 2016.

Away from the glare of criminal trials, a quieter but arguably more effective battle against corruption unfolded in the High Court’s asset recovery division.

The EACC moved to recover Sh813 million allegedly siphoned through companies linked to Kiambu Governor Paul Wamatangi, his wife and children.

The Commission accused the firms of using forged bid documents to secure tenders during Wamatangi’s tenure as chair of the Senate Roads Committee. The case remains pending. 

Through its lawyer Ben Murei, EACC told the court: “The Governor colluded with the companies to submit forged or falsified bid documents to fraudulently win tenders to the detriment of the public.”

The firms—Lub Plus Oil & Energy, King Group Company, King Construction, King Realtors and Quick Fix Auto Garage—allegedly received irregular payments totalling more than Sh813 million between the 2018/19 and 2021/22 financial years.

Small wins

The EACC maintains that the governor used proxies, including close family members, to conceal beneficial ownership.

Nationwide, the High Court also authorised the recovery of more than 27 illegally acquired and unexplained assets valued at approximately Sh22.9 billion.

In 2025 alone, the Commission reclaimed a 7.11-hectare parcel in Gigiri—formerly part of Karura Forest—valued at Sh2.8 billion after the court nullified a private lease.

The courts further sanctioned the recovery of Sh3.4 billion in corruptly acquired assets and traced an additional Sh22.9 billion in suspicious wealth unlawfully acquired from private individuals, including former Chief Lands Officer for the Ministry of Lands Silas Kiogora .

Smaller recoveries included 12 prime land parcels valued at Sh320 million in western Kenya. In addition, the High Court approved 20 applications for the preservation of Sh785 million held in bank accounts, alongside properties valued at Sh1.9 billion belonging to various individuals including Kiambu governor

As the year unfolded, courts across Nairobi grappled with 213 active corruption cases, many involving some of the most powerful figures in public life. 

At the Milimani Anti-Corruption Court, former Kenya Power managing director Shem Ochuodho remained entangled in a Sh2 billion graft case that has dragged on for years.

Former IEBC chief executive James Oswago continued to face charges in the infamous Sh1.3 billion “Chicken Gate” voter materials scandal dating back to 2013.

Former National Land Commission chairman Mohammed Swazuri and former Kenya Railways managing director Atanas Maina remained on trial in the Sh221 million SGR land compensation fraud case.

Meanwhile, Embakasi North MP James Gakuya and 11 others continued to face trial over the alleged theft of Sh39.8 million in CDF funds, a case that has lingered since 2018.

In Malindi Law Courts, Tana River Senator Danson Buya Mungatana and 17 others stood accused of defrauding the Kilifi County Government of Sh51 million.

By December 2025, 54 corruption cases had been concluded, resulting in 33 convictions, 15 acquittals and six withdrawals. More than 200 cases remained stuck in the courts.

Some were shielded by powerful lawyers. Others were frozen by constitutional petitions. Many were simply collapsing under their own weight.

Speaking to The Standard, EACC Chief Executive Officer Abdi Mohamud laid out the scale of the war being waged. “In the last one-year, the Commission finalized and forwarded 175 investigation files to the Director of Public Prosecutions. The Commission recorded 33 convictions, traced Sh22.9 billion in illegally acquired and unexplained assets, recovered Sh3.4 billion in corruptly acquired assets, and averted loss of public funds estimated at Sh16.5 billion through proactive investigation,” Mohamud said. 

But the Commission’s greatest challenge, he admitted, remained weak laws, compromised witnesses and underfunding. “Challenges included a weak legal framework in implementing Chapter Six of the Constitution, undue influence on witnesses, and inadequate financial and human resources,” Mohamud said.

As the year closes, the question hanging over the country’s anti-corruption war is no longer whether graft survives, but whether the courts can consistently defeat it.

The system has shown teeth. It has also revealed its fractures. And in the space between conviction and acquittal, between asset recovery and quiet settlements, between public anger and private justice, the real battle continues—slow, expensive, political and unfinished.

For the silent victim—the patient in a clinic without medicine, the child in a classroom without desks, the trader on roads never built—the story of 2025 is not merely about money and power.

It is about hope delayed, justice staggered, and a nation still waiting for corruption to truly lose.