NAIROBI, Kenya — The sentencing of former Kiambu Governor Ferdinand Waititu, his wife Susan Wangari Ndung’u, and two other convicts has hit a fresh legal hurdle after the Milimani Anti-Corruption Court sought clarification from the High Court regarding who exactly should be sentenced for money laundering. 1, 2
On Thursday, Milimani Anti-Corruption Chief Magistrate Harrison Barasa postponed the sentencing and mitigation hearing to October 27, 2026. The adjournment came after intense disagreements between the prosecution and the defence teams over whether the convicts should face penalties individually or in their corporate capacities. 1
The legal standoff stems from an October 14, 2026, High Court judgment delivered by Lady Justice Rose Ougo. Justice Ougo upheld the corruption convictions of Waititu, his wife, businessman Charles Chege Mbuthia, and former Kiambu Roads Chief Officer Luka Mwangi Wahinya over an irregular KSh 588.7 million road construction tender. Crucially, the High Court overturned the lower court’s previous acquittal of the accused on money laundering charges, officially convicting them of the offence. 1, 2, 3, 4, 5
The matter was subsequently remitted back to the magistrate’s court for mitigation and sentencing on the newly reinstated money laundering charges. However, during Thursday’s session, the defence raised objections, while the state argued that dealing with the accused solely as individuals rather than addressing corporate liabilities would be legally flawed. 1, 2, 3, 4
Ferdinand Waititu is already serving a 12-year prison sentence—with an alternative fine of KSh 53.5 million—after being found guilty of conflict of interest and handling suspect property in connection to the case. The High Court previously ruled that any additional prison terms handed down for the money laundering charges will run concurrently with the existing sentences. 1, 2, 3
Chief Magistrate Barasa directed that the convicts remain in custody at Nairobi Remand Prison and Lang’ata Women’s Prison until October 27, when the court expects to receive clear directives on the proper sentencing path forward. 1, 2, 3