Court Delays Sentencing of Waititu and Wife in Sh588.7 Million Corruption Case

Former Kiambu Governor Ferdinand Waititu, his wife Susan Wangari Ndung’u and their co-accused will remain in custody after a dispute over sentencing delayed proceedings in their Sh588.7 million corruption case. 

The matter will return to court on 27 October for further directions from the High Court. The dispute arose after the High Court upheld several convictions in the case but overturned earlier acquittals on money-laundering charges. The ruling left the prosecution and defence divided over how the lower court should proceed with sentencing.

When the case came before Anti-Corruption Court Chief Magistrate Harrison Barasa on Thursday, the expected mitigation and sentencing hearing did not take place. State prosecutor Vincent Monda and defence lawyer Chris Mutuku presented conflicting interpretations of the High Court's decision, preventing the proceedings from moving forward.

Barasa said directions had been issued and were awaiting formal publication through the court system. He adjourned the matter to 27 October and ordered that the accused remain in custody pending further guidance.

The disagreement follows a High Court judgment delivered earlier in October by Justice Rose Ougo. The judge upheld several convictions recorded by the trial court and overturned acquittals on money-laundering charges. The decision required the accused to return to the lower court for mitigation and sentencing.

The defence has argued that further clarification is needed before sentencing can proceed. Lawyers maintain that the trial court had previously acquitted the accused on certain charges and that the legal implications of the High Court ruling must be established.

The prosecution, however, maintains that the High Court allowed the State's appeal, set aside the acquittals and convicted the accused on the disputed counts. It argues that the ruling provides the legal basis for the next stage of the proceedings. The case began with investigations into allegations that Kiambu County irregularly awarded a Sh588.7 million contract during the 2017/18 financial year. The project involved upgrading roads from gravel to bitumen standards across several sub-counties.

Prosecutors alleged that procurement rules and public finance safeguards had been bypassed during the tendering process. In February 2025, the trial court convicted Waititu and his co-accused of offences including conflict of interest, abuse of office, dealing with suspect property and procurement-related irregularities. The subsequent High Court proceedings reinstated money-laundering convictions and revoked bond terms that had allowed the accused to remain free while pursuing their appeals.

Following the High Court's orders, Susan Wangari was taken to Lang'ata Women's Prison, while Waititu and the male co-accused, including Charles Chege Mbuthia, were remanded at Nairobi Remand Prison. The criminal case is proceeding alongside a separate civil recovery action brought by the Ethics and Anti-Corruption Commission (EACC). The commission is seeking to recover about Sh170 million from Waititu and a company linked to the road project, arguing that the money was obtained through corrupt dealings.