Former Kiambu Governor Ferdinand Waititu, his wife Susan Wangari Ndung’u and two co-accused will return to court next week as they await directions from the High Court on sentencing over money laundering charges linked to a Sh588.7 million road construction tender.

The Milimani Anti-Corruption Court on Thursday scheduled the matter for mention on October 27 at 11am after being informed that directions issued by the High Court were awaiting publication on the Judiciary’s Case Tracking System (CTS).

The directions were sought after the prosecution and defence disagreed over the persons who should be subjected to sentencing following the High Court’s decision to overturn their acquittals on three money laundering counts.

The defence had argued that the accused persons could not be presented for sentencing because the trial court had acquitted them and there was no conviction against the three individuals

The prosecution, led by Vincent Monda, opposed the defence’s position, arguing that the High Court had allowed the State’s application in its entirety and directed that the accused persons appear before the magistrate’s court for mitigation.

Monda told the court that the accused persons were appearing in their corporate capacity and should be treated as such, rather than as individuals.

The court subsequently forwarded the file to the High Court through the Deputy Registrar for clarification.

“Having considered the issues raised, this court deemed it prudent to place a file before the High Court through the Deputy Registrar for directions,” ruled the court.

On Thursday, the court said it had been advised that the directions had been issued and were awaiting publication on the CTS to enable the parties to take further action.

The sentencing proceedings stem from a judgment delivered on October 14 by High Court Judge Rose Ougo, who overturned the acquittals of Waititu, his wife and two co-accused on the money laundering charges.

Chief magistrate Harrison Barasa also ordered the release of a mobile phone belonging to Wangari to her daughter, Monica Njeri Ndung’u.

This is after defence lawyer Mutuku told the court that Wangari had the phone when she was taken into custody following the appellate court judgment, but it was retained by authorities at Lang’ata Women’s Prison.

He argued that the device was not part of any investigation and was necessary for running her business.

The defence sought its release to Monica rather than directly to Wangari.

State counsel said the prosecution had no objection to the application and advised the defence to liaise with the officer in charge of Lang’ata Women’s Prison to facilitate the release.

The court granted the application, ordering that the phone be handed over to Wangari’s daughter.

The four convicts are Waititu, Wangari, former Kiambu County chief officer for roads, transport, public works and utilities Luka Mwangi Wahinya, and businessman Charles Chege Mbuthia, the proprietor of Testimony Enterprises Limited.

The case relates to a Sh588.7 million road construction contract awarded in Kiambu County during Waititu’s tenure as governor. Testimony Enterprises was awarded road tenders and was alleged to have paid kickbacks to the former governor.

The sentencing proceedings were previously postponed after Chege was not produced from Kamiti Maximum Prison as expected.

Wangari had also sought release on cash bail pending mitigation and sentencing, but the court declined the request and ordered that she remain at Lang’ata Women’s Prison.