Waititu Seeks Leniency in Sh588 Million Graft Case as Defence Cites Family Hardship

Former Kiambu Governor Ferdinand Waititu has asked the court to consider his family responsibilities and first-offender status as he and his co-accused seek leniency over money-laundering convictions linked to a Sh588 million road tender.

Former Kiambu Governor Ferdinand Waititu and his co-accused are seeking lenient sentences in a Sh588 million corruption case, with their lawyers urging the court to consider their individual roles in the companies involved, family responsibilities and time already spent in custody.

During mitigation submissions, Waititu apologised to the court and asked for leniency, saying he and his wife, Susan Wangari, were first-time offenders.

“I apologise for whatever wrong I did. I am a first offender together with my wife, so when sentencing, please consider that,” Waititu told the court.

He also asked the court to consider his position as a director of Saika Enterprises, arguing that the company was already operating before he became governor.

Waititu further appealed for leniency for his wife, maintaining that her role in Delta Hotel was limited and that she was not involved in its daily management.

The defence submissions come amid a complicated stage in the case. On 14 October, the High Court upheld Waititu’s convictions and sentence in the underlying graft case and overturned earlier acquittals on money-laundering charges against him, his wife and co-accused. The money-laundering sentences are a separate issue from the existing penalties.

Defence argues against similar sentences for all accused

Lawyers representing the accused urged the court to assess each person’s role rather than impose comparable penalties across the group.

Susan Wangari’s lawyers argued that she was not a signatory to the bank accounts in question and had not benefited directly from the transactions. They described her involvement as that of a business partner rather than an active manager.

The defence also made submissions on behalf of another female accused, described as a silent partner who had little involvement in the company’s operations.

Lawyers argued that the women should not automatically face the same punishment as their husbands simply because they were associated with the businesses under scrutiny.

These are arguments made by the defence. The court will determine what weight, if any, to give them when considering the applicable sentences.

Children and time in custody raised in plea for leniency

The impact of imprisonment on the accused persons’ families also featured in the mitigation arguments.

The defence asked the court to consider the circumstances of Beth Wangeci, the wife of businessman Charles Chege Mbuthia. Her lawyer described her as a young mother and the main provider for her children while her husband serves a prison sentence.

The lawyer argued that imprisonment for both parents could leave their children facing additional hardship.

Chege, a director of Testimony Enterprises Limited, also sought leniency. His lawyer said his wife held only one share when the company was registered and was not a signatory to its bank account. The defence cited a bank letter in support of that submission.

Chege told the court that the company had previously indicated it would take responsibility for the transactions in question. He also referred to the financial difficulty of paying a fine imposed on his wife by the lower court.

The defence further asked the court to take account of the time the accused had already spent in custody. Waititu was said to have been imprisoned for more than a year, while another accused had spent close to two years behind bars.

How the Sh588 million case reached this stage

The case arose from a road construction tender awarded by the Kiambu County Government to Testimony Enterprises Limited during Waititu’s tenure as governor.

The contract, valued at about Sh588.7 million, concerned road works in several parts of the county. The prosecution alleged that the procurement process was irregular and that money linked to the contract passed through companies associated with the accused.

In February 2025, Waititu was sentenced to 12 years in prison or a fine of about Sh52.7 million for corruption-related offences. His co-accused also received sentences for their respective offences.

On 14 October 2026, High Court Judge Rose Ougo dismissed appeals against the convictions and sentences in the underlying graft case. She also allowed the State’s appeal against the earlier acquittals on money-laundering charges, entered convictions on those counts and referred the matter back to the magistrate’s court for mitigation and sentencing.

The subsequent proceedings were delayed after the prosecution and defence disagreed on how the High Court’s ruling should be implemented and who should be subject to sentencing. Chief Magistrate Harrison Barasa referred the matter for further directions. The case was listed for mention on 27 October.

What happens next?

The defence has asked the court to consider remorse, individual participation, family circumstances and time already served. The prosecution’s position and the applicable legal requirements will also matter in determining the outcome.

The latest publicly available reports reviewed confirm that the case was scheduled for further directions on 27 October, but do not establish the final outcome of that day’s proceedings.

The court must resolve the procedural questions before the money-laundering sentencing process can be completed. Any sentence imposed on those counts will also need to be read alongside the existing penalties in the underlying corruption case.

For Waititu and his co-accused, the immediate question is no longer simply whether they will be sentenced, but how the court will apply the High Court’s ruling and determine the penalties for the additional convictions.

About the Author

Maureen Onyango is a journalist passionate about storytelling, life coaching and spiritual lessons. She studied at the Kenya Institute of Management and enjoys telling stories that inform, inspire and empower communities.