A dispute over whether former Kiambu Governor Ferdinand Waititu, his wife Sarah Wangare and their co-accused should face sentencing as individuals or in their corporate capacity has prompted the court to defer directions to October 22.
The accused appeared before Anti-Corruption Magistrate Harrison Barasa on Monday for mitigation and sentencing following a High Court decision in the KSh588 million corruption case.
However, defence lawyers objected, arguing that the trial court had acquitted the three individuals on the charges in question and that there was no conviction against them to warrant sentencing.
The prosecution, led by Monda, disputed that position, saying the High Court had allowed the State’s application in its entirety and directed their appearance before the magistrate’s court for mitigation. Monda argued that the accused were appearing in their corporate capacity and should be treated as such. He maintained that the defence’s proposed approach would improperly treat them as individuals.
Following the opposing submissions, Barasa said he would give directions on October 22, 2026, at 9am. The prosecution also sought an order requiring Charles Ngugi to appear in court.
Separately, the prosecution opposed an application to release Wangare pending the court’s directions. Monda argued that she was a convicted person awaiting mitigation and that the money-laundering conviction carried a Sh25 million penalty.
The proceedings follow a ruling by High Court Judge Rose Ougo, who upheld convictions against Waititu, his wife and their co-accused on other charges while overturning their acquittal on money-laundering charges.
