Former Kiambu Governor Ferdinand Waititu on Thursday began serving his 12 years in prison for corrupt business dealings during his tenure at the devolved unit, after a court decision that shone a spotlight on corruption amongst couples and business associates.
The anti-corruption court sentenced Waititu alongside his wife Susan Wangari and their married-couple associates involved in a road construction business.
Waititu was thrown behind bars at Industrial Area Prison in Nairobi after the anti-corruption court declined his request to be escorted to hospital for treatment of undisclosed illness instead of prison.
Former Kiambu County Governor Ferdinand Waititu is handcuffed at the Milimani Law Court on February 13, 2025 after being jailed for 12 years in a Sh588 million corruption case.
Photo credit: Wilfred Nyangaresi | Nation Media Group
At the same time, businessman Charles Chege Mbuthia and his wife Beth Wangechi were condemned to a combined fine of Sh296 million for the offences of fraudulent acquisition of Sh147 million public funds from Kiambu County Government and fraud in the procurement process.
The court condemned Waititu for engaging in self-enrichment endeavours and failing to demonstrate servant leadership as governor.
The verdict by Chief Magistrate Thomas Nzyoki also adds political troubles to Waititu after the court barred him and his co-accused from being elected or appointed as public officers for 10 years based on their conviction for corruption or economic crimes.
“The accused received money from a contractor and as a governor failed to demonstrate servant leadership as demanded by the Constitution. They accused persons in this case had a common interest of self-enrichment and they benefited from the funds,” said the magistrate.
The court fined Waititu Sh53.5 million or in default serve a 12-year jail term for receiving kickbacks from Mbuthia, director of Testimony Enterprises Ltd, five years ago. He was unable to raise the fine instantly and was escorted to Industrial Area Prison.
Regarding Waititu’s request to be escorted to hospital, the magistrate said the matter concerning his health would be handled by the prison officers.
Former Kiambu County Governor Ferdinand Waititu (left) and wife Susan Wangari Ndung’u at the Milimani Law Court on February 13, 2025, before they were sentenced in a Sh588 million corruption case.
Photo credit: Wilfred Nyangaresi | Nation Media Group
Mr Nzyoki said the intention of the court decision is to serve as a deterrence, retribution and denunciation to corruption convicts.
Waititu’s wife Susan Wangari was also sentenced to fine of Sh500,000 in default serve one year in jail. They were convicted for the offences of conflict of interest and dealing in suspect property.
Their desire to be granted a non-custodial sentence on grounds that they were remorseful of their actions and that they were parents with dependants hit snag after court termed the mitigation as common.
Pleading for leniency, Waititu had said he had no money and that after his impeachment in 2020, he turned into a businessman dealing in land speculation business.
Defence lawyers said after losing his governorship, his family suffered significantly and that the financial and emotional toll has been severe.
"It was a common mitigation submitted by the defence that the accused are remorseful and regret their actions. It is a common position that they should be sentenced to noncustodial sentences. They are parents and have dependants," said the magistrate.
The other convicts in the case — Luka Mwangi Wahinya (former Kiambu County Chief officer for roads and transport), Mbuthia and Wangechi were also handed down different sentences for their involvement in the fraudulent tender.
Mr Mwangi was fined Sh21 million or in default serve seven years in prison for the offence of abuse of office in awarding the tender to an unqualified contractor.
Mbuthia was fined Sh295 million or serve nine years in prison for the offences of fraudulent acquisition of Sh147 million public funds and fraudulent practice in the procurement.
The sentence stemmed from a Sh588 million road construction tender issued by the County Government to Testimony Enterprises in 2018.
The court found that the tender was issued fraudulently and illegally since the project had not been approved by the County Government Executive Committee.
“The Prosecution has established that Testimony Enterprises Limited won the tender in question by deceit and procurement fraud with the aid of Eng. Luka Mwangi and the Tender Evaluation Committee. In the circumstances, Eng. Luka Mwangi and Mr Charles Chege joined the rank of the first two architects of the corruption scheme which is the subject of the present case," said Mr Nzioki.
The magistrate said the sentence was intended to deter and protect the community from the loss occasioned by the convicts' fraudulent actions.
The Prosecution proved its case and pinned the accused persons in the corruption scheme through 32 witnesses and 129 documentary exhibits.
