“I Am a First Offender”: Waititu Pleads for Mercy Before Sentencing

Former Kiambu Governor Ferdinand Waititu and his co-accused have asked the court for leniency ahead of sentencing in a Ksh588 million graft case. They urged the court to consider their family circumstances, their individual roles in the companies linked to the case, and their status as first-time offenders.

During mitigation proceedings before Magistrate Harrison Barasa on Tuesday, October 27, Waititu apologized for any wrongdoing and asked the court to reduce his sentence. He said he and his wife were first-time offenders.

“I apologize for whatever wrong I did. I am a first offender together with my wife, so when sentencing, please consider that,” Waititu told the court.

Waititu also asked the court to consider his role as a director at Saika Enterprises, arguing that the companies involved were already operating before he became governor. He further said his wife had a limited role at Delta Hotel, which had other directors, and did not take part in its day-to-day operations.

The defence asked the court to show leniency to the wives of the accused, arguing that some had little involvement in the companies and did not take part directly in the alleged financial dealings. Lawyers for Susan Wangare said she was not a signatory to the company’s bank accounts and received no financial benefit from the transactions. They described her role as that of a business partner.

The defense made a similar argument for the fifth accused, whom it described as a silent partner with no active role in the company’s affairs. Lawyers said the women faced punishment largely because of their association with their husbands and urged the court to assess each person’s role individually.

The defense also asked the court to consider the women’s family responsibilities. It described Beth as a young mother and the sole breadwinner for her children while her husband serves a prison sentence at Kamiti. The lawyer argued that sentencing both spouses alike would place an unfair burden on their minor children.

The accused also asked the court to account for the time they had already spent in custody. The defense said Waititu had been in prison for more than a year, while the fourth accused had spent nearly two years behind bars.

Charles Chege, a director of Testimony Enterprises Limited, asked the court to consider his wife’s limited role in the company, saying she held only one share when it was registered. The defense said the company had told the lower court it would take responsibility for the transactions in question. Chege also cited a bank letter presented in court stating that his wife was not a signatory to the company’s account.

“I’m currently serving my jail term; the lower court fined her, which we struggled to pay,” he stated.

Through their lawyers, the accused expressed remorse and asked the court for forgiveness, saying they had not intended to hurt anyone. The defense acknowledged that the case was before the Court of Appeal but said the convictions remained in place as the accused appeared for sentencing.

The mitigation hearing will inform the court’s decision on the appropriate sentences. The defense has urged the court to consider each accused person’s role, personal circumstances, and time already served.

Magistrate Barasa gave the defense until Wednesday, October 28, to file its response to the prosecution’s submissions before the court delivers its sentencing ruling next month.

“The defence are directed to file their submissions in response to the prosecution’s submissions by close of business tomorrow, that’s on October 28, 2026,” Barasa directed.

“I will reserve my ruling on sentencing, and the same will be delivered on November 2, 2026 at 11:30am. The fifth accused shall be remanded at Lang’ata Women’s Prison pending the said ruling,” the magistrate added.

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