Waititu, Wife Guilty of Money Laundering in Sh588m Graft C

The High Court has convicted former Kiambu Governor Ferdinand Waititu and his wife, Susan Wangari, of money laundering in a Sh588 million graft case involving the award of a road construction tender in Kiambu County.

The convictions follow a successful State cross-appeal challenging the couple’s acquittal on three money laundering counts by the trial court.

In its ruling on Wednesday, the court allowed the cross-appeal, set aside the acquittals and found Waititu and Wangari guilty of the three counts.

“The State’s cross-appeal is allowed. Those acquittals are set aside. The court convicts the first appellant (Waititu), and the second respondent, Susan Wangari, of money laundering, contrary to Section 3, as read with Section 16 of the Act, as charged under Counts 10, 11, and 12,” the court ruled.

Justice Rose Ougo referred sentencing on the money laundering counts to the Chief Magistrate’s Court, which has the required jurisdiction to determine the penalties.

The court also directed that any sentences imposed on the new charges run concurrently with those already imposed under the Anti-Corruption and Economic Crimes Act.

It upheld an order barring the convicted persons from holding public office, whether elected or appointed, for 10 years under Section 64 of the law.

The court further found that the fines imposed under the Anti-Corruption and Economic Crimes Act had been properly awarded under Sections 48(1) and 48(2) of the Act and Section 28 of the Penal Code.

The money laundering convictions add to Waititu’s legal troubles following the dismissal of his separate appeal against a 12-year prison sentence in the graft case.

Waititu, alongside co-appellants Charles Chege Mbuthia and Luka Mwangi Wahinya, had challenged their convictions and sentences, arguing that the trial court erred in assessing the evidence and that the prosecution had failed to prove its case beyond reasonable doubt.

Waititu also challenged his 12-year prison sentence, describing it as unlawful, harsh and excessive.

He argued that the trial court had disregarded contradictions in the prosecution’s evidence and failed to consider crucial evidence and witnesses that could have supported his defence.

However, Justice Ougo dismissed their appeals, upholding their convictions and sentences.

The judge also quashed the revised bail terms that had allowed Waititu to remain out of prison while pursuing his appeal, ordering him back into custody.

His bail terms had been reduced to Sh20 million cash bail from an earlier Sh53 million bond backed by a bank guarantee.

Waititu had been sentenced to 12 years in prison over his role in the Sh588.7 million graft case, which centred on the award of a road construction tender in Kiambu County.

His wife had been sentenced to one year in prison or a Sh500,000 fine over the graft-related offences. She had been acquitted of the three money laundering counts at the trial court before the High Court overturned that decision following the State’s cross-appeal.

The court also upheld the convictions and sentences imposed on the other co-appellants, including former Kiambu County Chief Officer for Transport Luka Mwangi Wahinya and businessman Charles Chege Mbuthia, a director of Testimony Enterprises Limited, the company linked to the tender.

The new money laundering convictions pave the way for sentencing on the three counts, with any resulting prison terms to run concurrently with the sentences already imposed in the corruption case.