NAIROBI, Kenya- Former Kiambu Governor Ferdinand Waititu has lost his appeal against his conviction and sentence in a corruption case over a Sh588 million county roads tender.
In a ruling delivered by Justice Rose Ougo, the High Court upheld the convictions and sentences of Waititu, former Kiambu County Chief Officer for Roads Luka Mwangi Wahinya and Testimony Enterprises director Charles Chege Mbuthia.
The judge also allowed the prosecution’s appeal against the acquittals on money-laundering charges, setting them aside and entering convictions.
Waititu’s wife, Susan Wangari Ndungu, was among those convicted on the money-laundering counts, according to the court update.
The four will be presented before the Anti-Corruption Magistrate’s Court on October 19 for mitigation and sentencing on those charges.
The court revoked the appellants’ bonds. Waititu, Wahinya and Mbuthia were ordered to Nairobi Remand Prison, while Ndungu was ordered to Lang’ata Women’s Prison.
The court granted them 14 days to appeal the decision.
The appeal arose from the award of a Sh588 million contract to Testimony Enterprises for upgrading gravel roads to bitumen in several Kiambu sub-counties during the 2017/2018 financial year.
The Ethics and Anti-Corruption Commission said the tender was irregularly awarded.
Waititu was convicted in February 2025 of conflict of interest and dealing with suspect property. He was sentenced to 12 years in prison or a fine of Sh52.7 million.
Ndungu received a one-year sentence or a Sh500,000 fine, while Wahinya was sentenced to seven years or a Sh21 million fine. Mbuthia received an 11-year sentence or a fine of about Sh297 million.
The court also barred those convicted from holding public office for 10 years.
In dismissing the appeals, Justice Ougo upheld the trial court’s convictions and penalties, finding no grounds to interfere with them.
The High Court said the sentences imposed under the anti-corruption law were properly applied. Sentences for the money-laundering offences are to be determined by the magistrate’s court and will run concurrently with the existing sentences.
The prosecution was led by Senior Deputy Director of Public Prosecutions Vincent Monda and Assistant Director of Public Prosecutions Faith Mwila.
