Editor's Review

The ODP on said Waititu could face up to 13 years in prison cumulatively if he defaulted on the fines.

The Anti-Corruption Magistrate's Court on Monday, November 2, ordered former Kiambu County Governor Ferdinand Waititu to pay fines totalling Ksh21 million in a money laindering case.

In a statement issued by the Office of Director of Public Prosecutions (ODPP) on Monday, November 3, it said Waititu could face up to 13 years in prison cumulatively if he defaulted on the fines.

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The sentences were delivered by Chief Magistrate Harrison Barasa following the High Court's decision to uphold the accused persons' convictions on various corruption-related offences and overturn their acquittals on money laundering charges.

"Waititu was fined Ksh. 10 million, Ksh. 6 million and Ksh. 5 million in three separate money laundering counts involving Ksh. 12,410,500, Ksh7,214,000 and Ksh6 million, respectively.

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A file photo of Ferdinand Waititu and his co-accused in court.

"In default of payment, he will serve five years, four years and four years in prison, respectively. The default sentences will run concurrently" the statement read in part.

The Court also fined his co-accused Charles Chege Mbuthia Ksh10 million or five years' imprisonment in default, while Beth Wangeci Mburu was fined Ksh2 million or two years in default. Saika Two Estate Developers Limited and Testimony Enterprises Limited were each fined Ksh16 million.

In the second count, Mbuthia was fined Ksh6 million or four years in default, while Mburu was fined Ksh2 million or two years in default. Waititu's wife, Susan Wangari Ndung'u, through Bienvenue Delta Hotel, was fined Ksh2 million or two years in default. Testimony Enterprises Limited was fined Ksh12 million.

In the third count, Mbuthia was fined Ksh5 million or four years in default, while Mburu was fined Ksh2 million or two years in default. Saika Two Estate Developers Limited and Testimony Enterprises Limited were each fined Ksh8 million.

Waitutu and his co-accuseds' lawyers tried to plead leniency with tge court citing prolonged court attendance since 2019 and the emotional and psychological strain occasioned by the proceedings.

The defence also requested permission to pay the fines in instalments over two years.

However, the ODPP led by Senior Deputy Director of Public Prosecutions Vincent Monda, urged the court to consider the gravity of money laundering offences and their implications for Kenya's financial system and international obligations, including those under the Financial Action Task Force (FATF) framework.

Monda urged the court to assess each accused person's mitigation independently and impose appropriate penalties commensurate with the offences.

"The court directed the corporate entities to settle their respective fines within 14 days and ruled that failure to pay would attract the applicable default custodial sentences," the statement continued.

Waititu and his co-accused persons were granted 14 days to appeal against the sentences.