Former Kiambu Governor Ferdinand Waititu, his wife Susan Wangari and two co-accused have asked a Milimani court to show leniency as they face sentencing on three money laundering charges linked to a Sh588 million road construction tender.
During mitigation proceedings on Tuesday, October 27, 2026, the four accused, through their lawyer Chris Mutuku, appealed to Chief Magistrate Harrison Barasa to consider the prolonged court battle, their personal suffering and the impact of imprisonment on their families.
Mutuku told the court that his clients had endured years of uncertainty since the corruption case began in 2019, describing the experience as emotionally and socially draining.
“Your Honour, as we are before you today, we seek your forgiveness and the forgiveness of everyone. Your Honour, the accused insist on their innocence, but they also acknowledge the fact that there is a conviction upon them, and that conviction stands as we speak today,” he submitted.
The lawyer said the accused had experienced anxiety, sleepless nights and restricted freedom throughout the proceedings, adding that they were remorseful despite maintaining their innocence.
Beth Wangeci Mburu, who was convicted alongside her husband, businessman Charles Chege, asked the court to consider her circumstances as a young mother.
The defence argued that her involvement was limited to signing initial incorporation documents for the company associated with the tender, and urged the court to consider the welfare of their children when determining the appropriate punishment.
Mutuku warned that imprisoning both parents could leave the children without adequate parental care and support.
“In as much as we would all wish to have a society that punishes culpability, I would ask this Court to temper its wrath purely on the basis of innocent parties being the children of Beth Wangeci,” he told the court.
The defence also cited an audit report which it said showed that no government money had been lost and that the contracted works had been completed.
The argument forms part of the accused persons' mitigation, which the court will consider alongside the findings that led to their convictions.
The case stems from a Sh588,198,328 contract awarded by the Kiambu County Government during the 2017/2018 financial year to Testimony Enterprises Limited for upgrading gravel roads to bitumen standards in Thika, Limuru, Gatundu North, Juja and Ruiru.
The Ethics and Anti-Corruption Commission (EACC) launched investigations after receiving a complaint in March 2017 alleging irregular procurement. The accused were subsequently charged in July 2019, according to the commission's case history.
On February 12, 2025, the Anti-Corruption Court convicted Waititu and several co-accused of offences including conflict of interest, dealing with suspect property, abuse of office and fraudulent procurement practices.
The prosecution's case included allegations that Waititu indirectly received approximately Sh25.6 million through his company, Saika Two Estate Developers Limited, from the contractor. His wife was also convicted over receiving Sh7.214 million from Testimony Enterprises, according to the EACC.
The trial court initially acquitted the accused of the money laundering charges but convicted them of other offences arising from the tender.
Waititu was sentenced in February 2025 to 12 years in prison or a fine of approximately Sh52.75 million. His wife received a one-year prison sentence or a Sh500,000 fine, while Chege was sentenced to 11 years or a fine of approximately Sh297 million. Wangeci received a three-year sentence or a fine of Sh1.4 million.
The court also barred those convicted from holding public office for 10 years.
The case took another turn on October 14, 2026, when the High Court, in a ruling by Justice Rose Ougo, overturned the acquittals on the three money laundering counts and entered convictions against Waititu, his wife and the other affected accused.
The ruling followed a successful prosecution cross-appeal challenging the earlier acquittals. The court directed that the accused return to the magistrate's court for mitigation and sentencing, with any additional sentences running concurrently with those already imposed.
The decision also upheld Waititu's existing conviction and prison sentence, sending him back into custody after an earlier review of his bail terms had allowed him to remain out of prison while pursuing his appeal.
The new sentencing proceedings concern the money laundering convictions, adding another stage to a case that has followed the former governor for years.
The court is expected to consider the defence's pleas, the seriousness of the offences and the established findings in determining the penalties for the three counts.
The accused maintain their innocence, although the convictions remain in force following the High Court's decision.