Who will be sentenced? Court seeks clarity in Waititu Sh588m fraud case

The Anti-corruption Court has sought clarification from the High Court on who will be sentenced for money laundering in the Sh588 million graft case involving former Kiambu Governor Ferdinand Waititu, his wife Susan Wangari Ndung'u and two other convicts. 

Mr Waititu is serving a 12-year jail term after he was convicted on a coruption charge. He was last year found guilty of graft by receiving Sh25 million from Testimony Enterprises, a company that had been awarded a roads tender by the county when he was governor. Mr Waititu and and his co-accused appealed their 12-year jail terms on grounds that the sentence was too punitive.

However, High Court Judge Rose Ougo dismissed their appeals saying the magistrate's court jailed them in accordance with the law. In a turn of events, the judge set aside an earlier acquital by the lower court on the charges of money laundering and benefitting from proceeds of crime, meaning they would have to defend themselves afresh on the two charges. 

But on Thursday, Chief Magistrate Harisson Barasa moved to seek clarification from Justice Ougo on who among the four convicts should defend themselves, mitigate and be sentenced.

'At a loss'

When the case came up for hearing on Thursday (October 22, 2026), both the defence and prosecution said they were uncertain on the way forward.

"Your honour, we are at a loss as to who among the four convicts is supposed to be sentenced over money laundering," a defence lawyer submitted.

The prosecuting counsel expressed the same position, saying the "High Court orders are not clear".

Both sides asked to be allowed to return to the High Court to seek clarity from the judge.

In a brief ruling, Mr Barasa directed that the case be mentioned on October 27, 2026, so that the High Court can clarify its order. 

Mr Waititu, Ms Wangari, Charles Chege Mbuthia, a director of Testimony Enterprises, and Luka Mwangi Wahinya, a former Kiambu County chief officer in charge of roads, transport, public works and utilities, were ordered to appear before the trial court for sentencing over money laundering. All four were remanded in prison until October 27.

Mr Barasa has also declined Ms Wangari's application for release on cash bail and ordered that she remain at Lang'ata Women's Prison pending further proceedings.

The four were facing separate charges of conflict of interest, abuse of office, fraudulent practices in procurement, fraudulent acquisition of public property and money laundering.

Major setback

Last week, Justice Ougo vacated the order acquitting Ms Wangari, Mr Mbuthia and Mr Wahinya on the money laundering charges, in a ruling that dealt a major setback to Mr Waititu and his co-accused. The judge dismissed appeals by Mr Waititu, Mr Mbuthia and Mr Wahinya, upholding their convictions over the irregular procurement of road works in Kiambu County, and ordered the former governor back to prison to continue serving his 12-year term.

She also allowed the State's cross-appeal against the acquittal of Ms Wangari and two other co-accused on the money laundering charges, quashed the acquittals and entered convictions against them. She directed that they be returned before Mr Barasa for mitigation and sentencing.

The judge upheld the trial court's order barring the convicts from holding public office for 10 years. She ruled that the prosecution had proved that they were involved in the fraudulent award of the multimillion-shilling roads tender.

Mr Waititu was found guilty of corruptly receiving Sh25 million from Testimony Enterprises, a company that had been awarded the Sh588 million contract by the Kiambu County government.

Justice Ougo also ruled that the fines and custodial sentences imposed by the trial court were lawful, dismissing the convicts' challenges to the penalties.

"The fines imposed by the court under the Anti-Corruption and Economic Crimes Act, being mandatory fines, were properly imposed," the judge ruled.

The court said the law provides for additional mandatory fines calculated on the financial benefit obtained from an offence or the loss suffered as a result of the criminal conduct.

Mr Waititu had challenged the fines and prison terms imposed on him, arguing that the default imprisonment terms were unlawful. His co-convicts also contested the computation and legality of their penalties.

The judge ruled that an appellate court could interfere with a sentence only under specific circumstances, such as where it was illegal, based on erroneous legal principles, or manifestly excessive or inadequate.

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