Former Kiambu Governor Ferdinand Waititu and his wife, Susan Wangari, will remain in custody for at least another five days after the Anti-Corruption Court postponed their sentencing in the Sh588 million roads tender case and referred a dispute over the High Court’s judgment back to the High Court for guidance.
On Thursday, October 22, 2026, Chief Magistrate Harrison Barasa at the Milimani Law Courts said he had sought directions from the High Court before proceeding.
“Having considered the issues raised, this court deemed it prudent to place a file before the High Court through the Deputy Registrar for directions,” he said.
He added: “I have since been advised that the directions have been issued and are awaiting publication on the court system for the parties’ further action.”
The matter will be mentioned on October 27, 2026, for further orders.
The hearing was meant to deal with mitigation and sentencing but stalled over a disagreement about whom the High Court’s judgment applies to.
Defence lawyer Chris Mutuku argued that Waititu, Wangari and their co-accused, Charles Chege Mbuthia, could not be sentenced on money laundering charges of which the trial court had earlier acquitted them as individuals. In his view, the acquittals left the legal basis for sentencing unclear.
State prosecutor Vincent Monda countered that the High Court had allowed the prosecution’s appeal in full, overturned the acquittals and directed the lower court to proceed with mitigation and sentencing.
The case returned to the magistrate’s court after Justice Rose Ougo’s judgment of October 14, 2026, which upheld the corruption-related convictions, overturned the earlier acquittals on money laundering and revoked the accused persons’ bail and bond terms.
Waititu has since been held at Nairobi Remand Prison, while Wangari is being held at Lang’ata Women’s Prison.
Wangari’s lawyer asked the court to release her on bail pending mitigation and sentencing. The prosecution opposed the application, and the court declined it.
The magistrate did, however, allow her mobile phone, held at Lang’ata Women’s Prison, to be released to her daughter, Monica Njeri, after her lawyer told the court it was needed to run her business and was not an exhibit in any investigation. Monda did not oppose the request.
The case arises from a Sh588.2 million contract awarded to Testimony Enterprises Limited in the 2017/2018 financial year to upgrade roads in Kiambu County.
The trial court found that the company had used forged academic certificates to win the tender and had fraudulently obtained more than Sh147 million, part of which was traced to Waititu and his wife.
Waititu was first convicted in February 2025 and sentenced to 12 years in prison, with the option of paying a Sh53.5 million fine. The High Court has since upheld the sentence.
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