Waititu, wife Wangare face fresh hurdle as court delays sentencing directions

Waititu, wife Wangare face fresh hurdle as court delays sentencing directions

The latest dispute centres on the legal capacity in which the accused should face the consequences of the High Court's decision, with the court expected to clarify the way forward when the parties return on October 22.

The sentencing of former Kiambu Governor Ferdinand Waititu, his wife Sarah Wangare and their co-accused in the Sh588.7 million corruption case has been delayed after their lawyers disputed whether they should be sentenced as individuals or in their corporate capacity.

Anti-Corruption Magistrate Harrison Barasa on Monday deferred directions on the matter to October 22, 2026, after the defence and prosecution presented conflicting interpretations of a High Court ruling that sent the case back to the trial court for mitigation and sentencing.

The defence argued that the three accused persons had previously been acquitted of the charges in question by the trial court, insisting that there was no individual conviction upon which they could be sentenced.

However, the prosecution, led by Monda, maintained that the High Court had granted the State's application in full and directed the accused to appear before the magistrate's court for mitigation.

Monda argued that the proceedings concerned the accused in their corporate capacity and not as individuals, urging the court to proceed on that basis.

The competing positions left the magistrate to determine how the High Court's orders should be implemented before sentencing can proceed.

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Barasa directed the parties to return to court on October 22 at 9:00 am for further directions. The prosecution also sought an order compelling Charles Ngugi to attend court.

In a separate application, the prosecution opposed Wangare's release pending the magistrate's directions, arguing that she was a convicted person awaiting mitigation.

Monda told the court that the money-laundering conviction attracted a Sh25 million penalty, opposing any attempt to release her before the matter was resolved.

The latest proceedings stem from a decision by High Court Judge Rose Ougo, who upheld convictions against Waititu, Wangare and their co-accused on other charges in the Sh588.7 million Kiambu road tender scandal.

Justice Ougo also overturned their acquittals on money-laundering charges, paving the way for the matter to return to the magistrate's court for the next stage of proceedings.

The case arose from the award of road construction tenders in Kiambu County, with the prosecution alleging irregularities in contracts worth approximately Sh588.7 million.

Waititu was previously sentenced to 12 years in prison or ordered to pay a fine of Sh52.749 million after his conviction on corruption-related charges, including conflict of interest and dealing with proceeds suspected to be criminal property.

His co-accused also faced convictions and sentences arising from the tender dealings.

The latest dispute centres on the legal capacity in which the accused should face the consequences of the High Court's decision, with the court expected to clarify the way forward when the parties return on October 22.