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Waititu, Wife remain in custody as Sh588.7m graft sentencing stalls

Chief Magistrate Harrison Barasa adjourned the case on Thursday after State prosecutor Vincent Monda and defence lawyer Chris Mutuku differed on how the court should proceed following a High Court ruling that overturned the couple’s acquittals on money-laundering charges.

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Former Kiambu County Governor Ferdinand Waititu with his wife Susan Wangari at Milimani Law Courts
Former Kiambu County Governor Ferdinand Waititu with his wife Susan Wangari at Milimani Law Courts — FILE

Former Kiambu Governor Ferdinand Waititu and his wife, Susan Wangari, will remain in custody until October 27 after a disagreement between lawyers over the next steps in their Sh588.7 million graft case forced the court to postpone sentencing proceedings.

Chief Magistrate Harrison Barasa adjourned the case on Thursday after State prosecutor Vincent Monda and defence lawyer Chris Mutuku differed on how the court should proceed following a High Court ruling that overturned the couple’s acquittals on money-laundering charges.

The matter had returned to Barasa’s court following a judgment delivered by the High Court on October 14, 2026, which paved the way for further proceedings against the accused.

However, the magistrate could not proceed with mitigation and sentencing after the prosecution and defence presented conflicting positions on the persons who should be subjected to the process.

Barasa said he had considered it necessary to seek further guidance from the High Court through the Deputy Registrar to establish how the case should proceed in light of the ruling.

“I have since been advised that the directions have been issued and are awaiting publication on the court system for the parties’ further action,” Barasa said.

The magistrate consequently scheduled the matter for mention on October 27, when the court is expected to issue further orders.

The latest delay follows the High Court’s decision to overturn the trial court’s acquittals on the money-laundering counts, requiring the accused to return to the magistrate’s court for mitigation and sentencing.

The defence had previously challenged the commencement of sentencing, arguing that the accused had been acquitted of the money-laundering charges by the trial court and that clarification was needed on the legal basis for proceeding.

The prosecution took a different position, maintaining that the High Court had allowed its appeal, set aside the acquittals and convicted the accused. It argued that the ruling directed the accused to return to the trial court for mitigation and sentencing.

The opposing arguments prompted Barasa to refer the matter for further directions rather than begin the sentencing proceedings without clarity on how the High Court judgment should be implemented.

Waititu and Wangari appeared in court alongside their co-accused, Charles Chege Mbuthia, as the case was adjourned.

The three will await the next court appearance on October 27, with Waititu and his wife remaining in custody as the court seeks to resolve the outstanding questions surrounding the sentencing process.

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