Former Kiambu Governor Ferdinand Waititu and businessman Charles Mbuthia Chege have asked the court to spare their wives from punishment in the Sh588 million road tender case, arguing that the women were silent partners who played no real part in the deals.
In mitigation before Chief Magistrate Harrison Barasa at the Milimani Anti-Corruption Court on Tuesday, October 27, 2026, the two men said Susan Wangari Ndung’u and Beth Wangechi Mburu had no meaningful role in the transactions that led to their convictions for money laundering.
Waititu also apologised and asked for leniency as a first offender.
“I apologise for the wrong I did. My wife and I are first offenders,” he said.
The prosecution, led by Vincent Monda, asked for six years in prison for each accused on each count. Sentencing has been set for November 2, 2026.
Through his lawyer, Waititu argued that his wife did not run the companies linked to the tenders or take part in any decisions concerning them.
“The court will note that Susan was a silent partner in the two companies. She was not a signatory or a decision maker. Her role was peripheral and purely to conform to the Companies Act at the time of incorporation,” the lawyer submitted.
He said the prosecution had produced no evidence that Susan benefited financially or made decisions about the tenders, arguing that she was only listed as a partner. He made a similar argument in the case of Chege’s wife.
“The same goes to the 5th accused (Beth). Besides the fact that she signed the initial form for the incorporation of the company, she had no hand to play in any of the affairs of the company. Her crucifixion is purely by association,” the lawyer said.
He also described Beth as a young mother whose children are minors and depend on her care. Chege is a director of Testimony Enterprises Limited.
The defence urged the court to take into account the punishment the accused had already undergone.
“Consider the fact that they have already been punished. Punishment is meant to rehabilitate and not to cripple. In so doing, give them a second opportunity, which will not be achieved by crippling the accused persons,” Waititu said.
His lawyer also cited a State audit report presented by the prosecution, which he said showed that no public money was lost. He said the road works were completed and that the case concerned how the contract was awarded, rather than how the projects were carried out.
“What has instead been faulted is the process leading to the award of the tender,” the defence told the court.
Counsel added that they had already filed a notice of appeal with the Court of Appeal.
The case relates to a road construction contract awarded by the Kiambu County Government in the 2017/2018 financial year. On February 12, 2025, the trial court convicted Waititu and his co-accused of conflict of interest, abuse of office, dealing with suspect property and fraudulent procurement, but acquitted them of money laundering.
Waititu, who is already serving a 12-year sentence for the corruption offences, later challenged the conviction. In its ruling, the High Court, through Justice Rose Ougo, upheld the convictions, overturned the money laundering acquittals and sent the case back to the Chief Magistrate’s Court for mitigation and sentencing.
Sentencing was delayed on October 22 after the prosecution and defence disagreed over which of the accused should be sentenced. The matter was referred to the High Court for directions.
The court ordered the defence to respond to the prosecution’s submissions by October 28. It also directed that the fifth accused be held at Lang’ata Women’s Prison until the ruling on November 2.
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