Ferdinand Waititu and Wife Face Longer Stay in Custody as Sh588.7 Million Case Takes New Twist

Former Kiambu Governor Ferdinand Waititu and his wife, Susan Wangari, will spend more time in custody after proceedings in their Sh588.7 million corruption case hit a legal snag on Thursday.

Chief Magistrate Harrison Barasa pushed the sentencing and mitigation hearing to October 27, 2026, following a disagreement between the state and the defence over which defendants are subject to penalties under a recent High Court decision.

Waititu and Wangari were in the dock alongside their co-accused, Charles Chege Mbuthia, when the ruling was delivered.

The case was remitted to the magistrate’s court after the High Court overturned the trial court's earlier acquittals on money-laundering charges on October 14, 2026.

However, before the sentencing hearing could get underway, State Prosecutor Vincent Monda and defence attorney Chris Mutuku clashed over the exact scope and targets of the sentencing.

Magistrate Barasa resolved to refer the matter back to the High Court via the Deputy Registrar to seek definitive guidance.

“I have since been advised that the directions have been issued and are awaiting publication on the court system for the parties’ further action,” Barasa stated while scheduling the mention date.

The defence argued that because the trial court had originally acquitted the accused of money-laundering offences, the legal foundation for proceeding with sentencing required formal clarity.

In contrast, the prosecution maintained that the High Court upheld its appeal, vacated the acquittals, and explicitly directed the lower court to move forward with mitigation and sentencing.

Ferdinand Waititu, Susan Wangari, and their co-accused are currently in custody. While the appellants had previously enjoyed temporary relief after securing bond terms pending appeal, the legal landscape shifted dramatically when High Court Judge Rose Ougo delivered her judgment on October 14, 2026.

Judge Ougo dismissed their appeals against conviction, revoked their bail and bond terms, and ordered that they be remanded into custody immediately.

When the parties returned to court, Wangari’s defence team applied to have her released on bail pending mitigation and sentencing.

However, State Prosecutor Vincent Monda strongly opposed the application, highlighting that Wangari now stands convicted of a serious money-laundering offence carrying heavy financial penalties. The court declined the application for bail, ensuring that both Waititu and his wife remain detained while awaiting final sentencing.

Origins of the Case: How the Sh588.7 Million Road Tender Scandal Began

The origin of the corruption case dates back to 2018 during Waititu's tenure as Kiambu Governor. The Ethics and Anti-Corruption Commission (EACC) and the Office of the Director of Public Prosecutions (ODPP) launched investigations into the irregular award of a Sh588.7 million road upgrading contract in Kiambu County.

The contract, meant for the upgrading of various gravel roads to bitumen standards in Limuru, Gatundu North, Thika, Juja, and Ruiru sub-counties, was awarded to Testimony Enterprises Limited.

Investigative agencies revealed that the procurement process was heavily rigged and that funds disbursed to the contractor were systematically siphoned out.

Millions of shillings were traced directly into accounts controlled by Waititu, his wife, and their associated business entities, including Saika Two Estate Developers Limited and Bienvenue Delta Hotel.

• July 2019: The Director of Public Prosecutions approved charges against Waititu, his wife, and eight others over the road tender saga. The couple was arrested and subsequently arraigned before the Anti-Corruption Court at Milimani.

• January 2020: Following public outrage and his prosecution over graft, the Kiambu County Assembly and the Senate voted to impeach Ferdinand Waititu, officially removing him from office as Kiambu Governor.

• February 2025: After a prolonged trial featuring dozens of witnesses, the Anti-Corruption Magistrate's Court found Waititu guilty of conflict of interest, dealing with suspect property, and abuse of office. He was sentenced to pay a fine of Sh52.7 million or serve 12 years in prison. However, the trial court acquitted the defendants on separate counts of money laundering.

• February 2026: Waititu secured a temporary reprieve when the High Court granted his application for review of bail terms, releasing him on a Sh20 million bond pending the outcome of his appeal.

• October 14, 2026: In a landmark judgment, High Court Judge Rose Ougo dismissed the appeals filed by Waititu and his co-accused, upholding the original 12-year prison sentence. Furthermore, Justice Ougo overturned the lower court's acquittal on money-laundering charges, finding Waititu, Wangari, and co-accused guilty and remitting the file back to the magistrate's court for mitigation and fresh sentencing on the money-laundering counts.

With the parties awaiting published directions from the High Court, all eyes turn to October 27, 2026. Once the trial court receives formal clarification on the High Court’s order, Chief Magistrate Barasa is expected to guide the defence through mitigation before handing down the final sentences for the money-laundering convictions.