The Director of Public Prosecutions (DPP) has secured fines totalling Ksh 21 million against former Kiambu Governor Ferdinand Waititu in a money laundering case involving Ksh 25.6 million, with default prison sentences of up to 13 years.
His co-accused were also handed substantial fines and custodial sentences by the Anti-Corruption Magistrate’s Court on Monday.
The sentences were delivered by Chief Magistrate Harrison Barasa following the High Court’s decision to uphold the accused persons’ convictions on various corruption-related offences and overturn 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 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 four years in prison, respectively. The default sentences will run concurrently.
In the first count, Charles Chege Mbuthia was fined Ksh 10 million or five years’ imprisonment in default, while Beth Wangeci Mburu was fined Ksh 2 million or two years in default. Saika Two Estate Developers Limited and Testimony Enterprises Limited were each fined Ksh 16 million.
In the second count, Mbuthia was fined Ksh 6 million or four years in default, while Mburu was fined Ksh 2 million or two years in default. Waititu’s wife, Susan Wangari Ndung’u, through Bienvenue Delta Hotel, was fined Ksh 2 million or two years in default. Testimony Enterprises Limited was fined Ksh 12 million.
In the third count, Mbuthia was fined Ksh 5 million or four years in default, while Mburu was fined Ksh 2 million or two years in default. Saika Two Estate Developers Limited and Testimony Enterprises Limited were each fined Ksh 8 million.
During mitigation, the defence sought leniency, citing the accused persons’ family responsibilities, prolonged court attendance since 2019 and the emotional and psychological strain occasioned by the proceedings. It also requested permission to pay the fines in instalments over two years.
Opposing the applications, the prosecution, led by Senior Deputy Director of Public Prosecutions Vincent Monda, urged the court to consider the gravity of money laundering offences and their implications for Kenya’s financial system and international obligations, including those under the Financial Action Task Force (FATF) framework.
Monda urged the court to assess each accused person’s mitigation independently and impose appropriate penalties commensurate with the offences.
The court directed the corporate entities to settle their respective fines within 14 days and ruled that failure to pay would attract the applicable default custodial sentences.
The accused persons were granted 14 days to appeal against the sentences.
The prosecution was led by Mr Monda, Assistant Directors of Public Prosecutions Faith Mwila and Linda Mwamburi.
