
Former Kiambu Governor Ferdinand Waititu has pleaded for leniency ahead of his sentencing in a Sh588 million money laundering case.
Waititu made the plea before Chief Magistrate Harrison Barasa during mitigation hearing ahead of sentencing scheduled for November 2, 2026.
Through his lawyer, he asked the court to consider that he is a first offender and has apologised for any wrongdoing
“I apologise for whatever wrong I did. I am a first offender together with my wife, so when sentencing, please consider that,” Waititu said.
The defence also urged the court to consider the circumstances of the case and the purpose of punishment when determining the sentence to impose on Waititu.
It argued that Waititu and his wife had already been subjected to substantial financial penalties in the case and asked the court to consider rehabilitation as one of the objectives of sentencing.
The defence further appealed to the court to consider an audit report produced by the State during the trial, which it said showed that no public funds were lost in the transactions that formed the basis of the case.
“What has instead been faulted is the process leading to the award of the tender,” the defence submitted.
The mitigation followed the High Court’s decision to overturn the earlier acquittal of Waititu and other accused persons in the case and find them guilty of corruption offences arising from the Sh588 million tender.
The High Court subsequently directed that the matter be placed before the anti-corruption Chief Magistrate’s Court for mitigation and sentencing.
The defence also pointed to the conflicting decisions reached at different stages of the case, with the accused persons having initially been acquitted before the High Court overturned the decision.
It asked the court to consider the history of the proceedings and the financial penalties imposed when determining the appropriate punishment.
"We have already filed a notice of appeal to the Court of Appeal," their counsel submitted.
"Going by history of the case where one court finds the accused innocent and the other one guilty, there is every possibility that the court of appeal might arrive at a different opinion which could be on innocence of accused persons."
Waititu’s urged the court to take into account his status as a first offender and his expression of remorse.
Other convicts in the case include Testimony Enterprises director Charles Mbuthia and his wife Beth Wangeci.
The court also heard mitigation submissions on behalf of the other convicts as they sought consideration of their personal circumstances before sentencing.
Chief Magistrate Harrison Barasa is scheduled to deliver the sentences on November 2, 2026 after considering the parties mitigation submissions.