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. Waititu's co-accused were also handed substantial fines and custodial sentences by the Anti-Corruption Magistrate’s Court. 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. This development marks a significant milestone in Kenya's efforts to combat corruption and money laundering.
The court also imposed fines on Waititu's co-accused, including Charles Chege Mbuthia, Beth Wangeci Mburu, Saika Two Estate Developers Limited, and Testimony Enterprises Limited. Mbuthia was fined Ksh 10 million or five years’ imprisonment in default for the first count, while Mburu was fined Ksh 2 million or two years in default. The corporate entities, Saika Two Estate Developers Limited and Testimony Enterprises Limited, were each fined Ksh 16 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. They also requested permission to pay the fines in instalments over two years. However, 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.
The prosecution emphasized the importance of imposing penalties commensurate with the offences, taking into account Kenya's international obligations, including those under the Financial Action Task Force (FATF) framework. 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 DPP's office was represented by Senior Deputy Director of Public Prosecutions Vincent Monda, Assistant Directors of Public Prosecutions Faith Mwila and Linda Mwamburi. This case demonstrates the Kenyan government's commitment to holding accountable individuals and entities involved in corruption and money laundering.
The successful prosecution of Ferdinand Waititu and his co-accused is a significant step towards recovering proceeds of crime and deterring future offenders. The DPP's office will continue to work tirelessly to ensure that those who engage in corrupt activities are brought to justice.
Key points
- The Director of Public Prosecutions secured Ksh21M fines and a 13-year sentence for former Kiambu Governor Ferdinand Waititu.
- Waititu was fined Ksh 10 million, Ksh 6 million, and Ksh 5 million in three separate money laundering counts.
- The court directed corporate entities to settle their fines within 14 days, with failure to pay attracting default custodial sentences.
