Former Kiambu Governor Ferdinand Waititu and his wife, Susan Wangari, will remain in custody as the court seeks clarification on how sentencing should proceed following their conviction in a money-laundering case.
Milimani Anti-Corruption Chief Magistrate Harrison Barasa on Thursday postponed the matter to October 27, 2026, after the prosecution and defence disagreed on whether the accused should be sentenced individually or in their corporate capacity.
The dispute emerged after the case returned to the magistrate’s court following a High Court judgment delivered on October 14, 2026, which overturned earlier acquittals on money-laundering charges and convicted the accused.
Magistrate Barasa said the court had decided to seek directions from the High Court before proceeding with the sentencing process.
“Having considered the issues raised, this court deemed it prudent to place a file before the High Court through the Deputy Registrar for directions,” Barasa said.
The defence argued that Waititu, his wife and co-accused Charles Chege Mbuthia should not be sentenced on charges for which the trial court had previously acquitted them in their individual capacities.
However, the prosecution maintained that the High Court had allowed its application and directed the accused to appear for mitigation, paving the way for sentencing.
The disagreement prompted the magistrate to refer the matter to the High Court for clarification on how the sentencing proceedings should be conducted.
Court Orders Release of Wangari’s Phone
During the proceedings, the court also addressed a separate application by Wangari seeking the release of her mobile phone, which had been held by authorities at Lang’ata Women’s Prison following her conviction.
Her lawyer told the court that the phone was in her possession when she was taken into custody and was not an exhibit in any investigation.
The defence argued that the device was necessary to facilitate the running of Wangari’s business and requested that it be released to her daughter, Monica Njeri, rather than handed directly to the accused.
State prosecutor Vincent Monda did not oppose the application but advised the defence to liaise with prison authorities to facilitate the release.
The court subsequently ordered that the phone be released to Njeri.
Wangari appeared in court alongside her husband and Mbuthia as the parties awaited further directions on the sentencing process.
Case Returns to Court on October 27
The latest developments follow the High Court’s decision to overturn the earlier acquittals on money-laundering charges, leaving the accused facing mitigation and sentencing once the court receives clarification.
Mitigation allows convicted persons to present circumstances they wish the court to consider before determining their sentences.
The magistrate’s decision to seek directions from the High Court means the sentencing process will depend on the clarification provided.
The matter is scheduled for mention on October 27, 2026, when the court is expected to issue further directions.
