Ferdinand Waititu, co-accused seek lenient sentences in Sh588 million graft case

Ferdinand Waititu, co-accused seek lenient sentences in Sh588 million graft case

The mitigation proceedings follow the October 15 decision by the High Court, where Justice Rose Ougo upheld the convictions of Waititu, his wife and their co-accused on the other charges in the Sh588 million graft case.

Former Kiambu Governor Ferdinand Waititu and his co-accused have asked the court to impose lenient sentences in the Sh588 million corruption case, citing their individual roles in the companies linked to the transactions, family responsibilities and time already spent in prison.

During mitigation proceedings before the court, Waititu apologised for his wrongdoing and urged the court to consider that he and his wife were first-time offenders.

“I apologise for whatever wrong I did. I am a first offender together with my wife, so when sentencing, please consider that,” Waititu told the court.

The former governor also asked the court to consider his position as a director at Saika Enterprises, arguing that the company was already in operation before he assumed office as governor.

He further sought leniency for his wife, arguing that her involvement in Delta Hotel was limited and that she was not directly involved in its day-to-day management.

The defence lawyers representing the accused persons urged the court to assess each individual's participation in the companies rather than impose similar sentences on all of them.

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Lawyers representing Susan Wangari told the court that she was neither a signatory to the company's bank accounts nor a beneficiary of the transactions under investigation.

The defence maintained that her involvement was limited to being a business partner and argued that her role did not warrant the same punishment as that of the other accused persons.

Similar submissions were made for the fifth accused person, whom the defence described as a silent partner who had no active involvement in the company's operations.

The lawyers argued that the women risked bearing the consequences of their husbands' actions despite their allegedly limited participation in the businesses.

The court was also urged to consider the impact of imprisonment on the accused persons' children, with the defence describing Beth as a young mother and the sole breadwinner for her children while her husband serves a sentence at Kamiti Prison.

The lawyer argued that imposing comparable sentences on both spouses would leave their minor children facing hardship.

The defence further asked the court to factor in the period the accused persons had already spent in custody. Waititu was said to have been in prison for more than a year, while the fourth accused had spent close to two years behind bars.

Charles Chege, a director of Testimony Enterprises Limited, also sought leniency, asking the court to consider his wife's limited stake in the company.

His lawyer told the court that she held only one share when the company was registered and was not a signatory to its bank account, citing a letter from the bank presented in court.

Chege further told the court that the company had indicated before the lower court that it would take responsibility for the transactions in question.

“I'm currently serving my jail term; the lower court fined her, which we struggled to pay,” he stated.

The accused persons, through their lawyers, expressed remorse and asked the court for forgiveness, maintaining that they had not intended to harm anyone.

The defence acknowledged that the matter was before the Court of Appeal but submitted that the convictions remained in place as the court considered the appropriate sentences.

The mitigation proceedings follow the October 15 decision by the High Court, where Justice Rose Ougo upheld the convictions of Waititu, his wife and their co-accused on the other charges in the Sh588 million graft case.

In the ruling, Justice Ougo also overturned the lower court's decision to acquit the accused persons on money laundering charges.

The court's sentencing decision is expected to take into account the submissions by the defence on the accused persons' respective roles, personal circumstances and time already served in custody.