Former Kiambu Governor Ferdinand Waititu, his wife Sarah Wangare, and their co-accused appeared before an anti-corruption court on Monday for mitigation and sentencing in the KSh588 million corruption case.
However, the proceedings were delayed after the defence challenged the move to present the accused persons for sentencing.
The case was before Anti-Corruption Magistrate Harrison Barasa following a High Court ruling that upheld convictions against Waititu, Wangare and their co-accused while overturning their acquittal on money-laundering charges.
During Monday’s proceedings, the defence argued that the accused persons could not be presented for mitigation and sentencing because the trial court had acquitted them.
The lawyers maintained that there was no conviction against the three individuals to support the proceedings.
However, the prosecution, led by Monda, opposed the defence’s arguments. Monda told the court that the High Court had allowed the State’s application in full and directed the accused persons to appear before the magistrate’s court for mitigation.
The prosecution further argued that the accused persons were appearing in their corporate capacity and should be treated as such rather than as individuals.
It maintained that following the defence’s position would be improper because it would fail to recognise the capacity in which the accused persons were being dealt with in the case.
After hearing the arguments from both sides, Magistrate Barasa said the court would issue directions on the matter on October 22, 2026, at 9am.
The prosecution also asked the court to issue an order requiring Charles Ngugi to appear before it as the case proceeds.
Meanwhile, the prosecution opposed a defence application seeking the release of Sarah Wangare pending the court’s directions.
Monda argued that Wangare was a convicted person following the High Court ruling and that the money-laundering conviction carried a penalty of KSh25 million. The prosecution described the offence as serious and urged the court not to release her on bail or bond before mitigation.
The latest proceedings follow a High Court ruling delivered on Wednesday by Justice Rose Ougo. The ruling upheld convictions against Waititu, his wife and their co-accused on other charges but overturned the trial court’s decision to acquit them of money-laundering charges.
The ruling paved the way for the accused persons to return to the magistrate’s court for further proceedings. However, the defence’s objections have raised questions over how the court should proceed with mitigation and sentencing.
