Former Kiambu Governor Waititu leaves court under media scrutiny following the High Court's decision to uphold his conviction. /HANDOUT

Former Kiambu Governor Ferdinand Waititu, his wife Susan Wangari and two co-accused will be back in court on Wednesday for mitigation and sentencing proceedings in the money laundering case facing them.

The High Court on October 14 overturned the acquittals of the four on money laundering charges linked to a Sh588 million county road tender, for which Waititu is serving a 12-year jail term.

In a judgment delivered by Justice Rose Ougo, the court allowed the State's appeal, setting aside the acquittals and upholding the 12-year sentence imposed in February 2025 over the irregular procurement of road works in Kiambu County.

"Accordingly, the court sets aside the acquittals on counts 10, 11 and 12 and convicts the appellants and the second respondent on all money laundering counts as charged," Justice Ougo ruled.

The court also revoked the bail terms granted to the accused, ordering that Wangari be detained at Lang’ata Women’s Prison, while Waititu and the male co-accused be held at Nairobi Remand Prison pending mitigation and sentencing.

Waititu was convicted on February 14, 2025, of receiving Sh25 million in connection with the irregular Sh588 million road construction tender.

However, Waititu and his co-accused had initially been acquitted of the money laundering charges on February 13, 2025, by the Nairobi Anti-Corruption Court.

The former governor and his wife are accused alongside former Kiambu County Chief Officer for Roads, Transport, Public Works and Utilities Luka Mwangi Wahinya and Charles Chege Mbuthia, a director of Testimony Enterprises Limited.

They had challenged their convictions on charges including conflict of interest, dealing with suspect property, abuse of office, engaging in fraudulent practices in procurement and fraudulent acquisition of public property.

The High Court dismissed their appeals, finding that the prosecution had proved its case over the irregular award of the multi-million-shilling road contract.

"The evidence demonstrates a classic pattern of placing, layering and integrating illicit funds through corporate entities and asset acquisitions," Justice Ougo ruled.

Mitigation and sentencing proceedings had initially been scheduled for Monday, October 19, but were postponed after one of the convicts was not produced in court.

"Your Honour, one of the serving prisoners, Charles Chege Mbuthia, has not been produced from Kamiti Maximum Prison and therefore, it is not possible for today's proceedings to continue," the prosecution told the court.

Anti-Corruption Chief Magistrate Harrison Barasa directed that Waititu and his co-accused be produced in court on October 21 for mitigation and directions on sentencing.

The court scheduled sentencing for Thursday, October 22, 2026.

During Monday's proceedings, Wangari applied to be released on bail pending mitigation and sentencing, but the court declined her request.