The Director of Public Prosecutions (DPP) has secured fines totaling Sh21 million against former Kiambu Governor Ferdinand Waititu in a money laundering case involving Sh25.6 million, with default prison sentences of up to 13 years.

His co-accused were also handed substantial fines and custodial sentences by the Anti-Corruption Magistrate’s Court.

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 Sh10 million, Sh6 million and Sh5 million in three separate money laundering counts involving Sh12,410,500, Sh7,214,000 and Sh6 million, respectively.

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

In the first count, Charles Chege Mbuthia was fined Sh10 million- or five-years’ imprisonment in default, while Beth Wangeci Mburu was fined Sh2 million or two years in default. Saika Two Estate Developers Limited and Testimony Enterprises Limited were each fined Sh16 million.

In the second count, Mbuthia was fined Sh6 million or four years in default, while Mburu was fined Sh2 million or two years in default.

Waititu’s wife, Susan Wangari Ndung’u, through Bienvenue Delta Hotel, was fined Sh2 million or two years in default. Testimony Enterprises Limited was fined Sh12 million.

In the third count, Mbuthia was fined Sh5 million or four years in default, while Mburu was fined Sh2 million or two years in default. Saika Two Estate Developers Limited and Testimony Enterprises Limited were each fined Sh8 million.

During mitigation, the defence sought leniency, citing the accused persons’ family responsibilities, prolonged court attendance since 2019 and the emotional and psychological strain occasioned by the proceedings. It also requested permission to pay the fines in instalments over two years.

Opposing the applications, the prosecution, 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 accused persons were granted 14 days to appeal against the sentences.

The prosecution was led by Monda, as well as Assistant Directors of Public Prosecutions Faith Mwila and Linda Mwamburi.

By Joseph Ng’ang’a