Former Kiambu Governor Ferdinand Waititu on Tuesday apologised before a Nairobi anti-corruption court and asked for a lenient sentence in the Sh588 million roads tender case, as the prosecution urged the court to jail him, his wife and their co-accused for six years on each count.

Waititu made the plea during a mitigation hearing before Chief Magistrate Harrison Barasa at the Milimani Anti-Corruption Court. "I apologise for whatever wrong I did," the former governor told the court, asking that he and his wife be treated as first offenders when the court decides their punishment.

The magistrate said he would deliver his ruling on sentence on Monday, November 2, 2026, at 11.30am. The defence was given until close of business on Wednesday to file its response to the prosecution's written submissions.

How the case got here

The case stems from a Sh588.7 million road construction tender awarded by the Kiambu County Government in the 2017/2018 financial year. Waititu and his co-accused were convicted in February 2025 on charges including conflict of interest, abuse of office, dealing with suspect property and fraudulent procurement.

On October 15, High Court Judge Rose Ougo upheld those convictions but set aside the trial court's earlier acquittal on money laundering charges, reinstating the counts and sending the matter back to the magistrate's court for sentencing. Judge Ougo also cancelled the revised bond terms that had allowed the former governor to stay out of custody.

Sentencing was first scheduled for October 22 but stalled after the prosecution and the defence disagreed on which of the accused were to be sentenced, prompting the magistrate to seek directions from the High Court.

Prosecution wants six years

State prosecutor Vincent Monda asked the court to impose a six-year prison term on each count for all the convicts, arguing for a firm penalty given the nature of the offences.

Defence pleads family hardship

Defence lawyers asked the court to weigh each convict's individual role rather than hand out uniform penalties. They argued that the wives of the accused played minimal roles in the companies involved and that jailing both spouses would leave young children without parental care.

The defence also told the court that the accused have already shouldered heavy financial penalties, and argued that a State audit did not show loss of public funds, with the fault lying instead in the process used to award the tender. According to the defence, Waititu has been in prison for more than a year.

The lawyers further told the court they have already lodged a notice of appeal at the Court of Appeal, arguing that the conflicting findings at different stages of the case meant a higher court could take a different view.

What happens next

  • Defence response to prosecution submissions: Wednesday, October 28
  • Ruling on sentence: Monday, November 2, 2026, 11.30am
  • Appeal: notice already filed at the Court of Appeal

Pending the ruling, one of the female co-accused will be held at Lang'ata Women's Prison, according to reports of Tuesday's proceedings.

Photos: Citizen Digital; The Star/Leah Mukangai. Thumbnail design: HAMASTA MEDIA.