Former Kiambu Governor Ferdinand Waititu has been fined a total of KSh 21 million following his conviction in a KSh 25.6 million money laundering case, with the court ruling that he will serve a cumulative 13-year prison sentence if he fails to pay the penalties.

The sentences were handed down by Chief Magistrate Harrison Barasa at the Anti-Corruption Magistrate’s Court following a High Court decision that upheld the convictions of Waititu and his co-accused on corruption-related offences while overturning their acquittals on money laundering charges.

Waititu was fined KSh 10 million, KSh 6 million and KSh 5 million in three separate money laundering counts involving transactions of KSh 12,410,500, KSh 7,214,000 and KSh 6 million, respectively.

In default of payment, he will serve five years, four years and another four years in prison for the respective counts. However, the court directed that the sentences run concurrently, meaning the maximum custodial term will be five years rather than 13 years.

His co-accused, Charles Chege Mbuthia and Beth Wangeci Mburu, were also handed financial penalties and alternative prison sentences.

Mbuthia received fines of KSh 10 million, KSh 6 million and KSh 5 million across the three counts, with default prison terms of five, four and four years, respectively.

Mburu, on the other hand, was fined KSh 2 million on each of the three counts, with a two-year prison sentence for each count in default of payment.

Several corporate entities linked to the transactions were also penalised. Saika Two Estate Developers Limited and Testimony Enterprises Limited were each fined KSh 16 million under the first count.

Under the second count, Testimony Enterprises Limited was ordered to pay KSh 12 million, while Bienvenue Delta Hotel, linked to Waititu’s wife, Susan Wangari Ndung’u, was fined KSh 2 million or face two years in prison in default.

For the third count, Saika Two Estate Developers Limited and Testimony Enterprises Limited were each fined KSh 8 million.

Defence Seeks Leniency

During mitigation, the defence urged the court to impose more lenient penalties, citing the accused persons’ family responsibilities, the emotional and psychological toll of prolonged court proceedings and the fact that they had been attending court since 2019.

The defence further requested permission to settle the fines through instalments spread over two years.

However, the prosecution opposed the application, arguing that money laundering is a serious financial offence with far-reaching consequences for Kenya’s financial system and international standing.

Senior Deputy Director of Public Prosecutions Vincent Monda told the court that money laundering undermines the integrity of financial institutions and could jeopardise Kenya’s compliance with international anti-money laundering standards, including those established by the Financial Action Task Force (FATF).

Monda urged the court to consider the individual circumstances of each accused person while ensuring that the penalties reflected the seriousness of the offences committed.

Court Gives Accused 14 Days to Pay or Appeal

In its ruling, the court directed the affected corporate entities to settle their respective fines within 14 days, warning that failure to comply would attract the applicable default custodial sentences.

The accused persons were also granted 14 days to appeal against the sentences.

The prosecution team was led by Senior Deputy Director of Public Prosecutions Vincent Monda, assisted by Assistant Directors of Public Prosecutions Faith Mwila and Linda Mwamburi.

The ruling marks a significant development in the prosecution of corruption and financial crimes in Kenya, highlighting the legal consequences facing individuals and companies found guilty of participating in money laundering schemes.