Waititu fined Sh21m, faces 13 years over Sh588.7m road tender scandal

Former Kiambu Governor Ferdinand Waititu has been fined a total of Sh21 million, with an alternative of 13 years in prison, following his conviction in a corruption case involving the irregular award of a Sh588.7 million road tender during his tenure. 

Chief Magistrate Harrison Barasa, sitting at the Milimani Anti-Corruption Court, imposed the sentences on Waititu on three counts arising from the controversial procurement of the roads contract by the Kiambu County government. 

On Count 10, Waititu was fined Sh10 million or, in default, five years' imprisonment. On Count 11, he was fined Sh6 million or four years in prison, while on Count 12, the court imposed a further fine of Sh5 million or four years' imprisonment. 

The sentences were handed down alongside those of his co-accused, including his wife, Susan Wangari Ndung’u, and individuals and companies linked to the tender. 

Barasa said the sentences reflected the individual culpability of each accused person, taking into account their respective roles in the offences. 

On Count 10, Saika Two Estate Developers Limited, the 12th accused, was fined Sh16 million, while Testimony Enterprises Limited, the 11th accused, was also fined Sh16 million. 

The fourth accused, Charles Mbuthia Chege, was fined Sh10 million or, in default, five years in prison. The fifth accused, Beth Wangeci Mburu, was fined Sh2 million or two years' imprisonment in default of payment. 

On Count 11, Waititu's wife, Susan Wangari, who was charged in her capacity as a person trading as Bienvenue Delta Hotel, was fined Sh2 million or two years in prison in default of payment. 

Chege was fined Sh6 million or four years' imprisonment, while Mburu was fined Sh2 million or two years in prison. 

Testimony Enterprises Limited was fined Sh12 million on the count. 

On Count 12, Waititu received a Sh5 million fine or four years in prison in default of payment. 

Saika Two Estate Developers Limited was fined Sh8 million, while Testimony Enterprises Limited was fined Sh8 million. 

Chege was fined Sh5 million or four years' imprisonment, while Mburu was fined Sh2 million or two years in prison. 

The magistrate also issued directions on the payment of fines imposed on the corporate accused persons, requiring them to settle the amounts within 14 days of the ruling. 

"The corporate accused persons shall pay their respective fines imposed upon them within 14 days from the date of this ruling, in default the fines shall be recovered in accordance with Section 3(34) of the Criminal Procedure Code," Barasa ruled. 

He added that the directions issued by the High Court on the schedule of the fines remained binding. 

"They will run as directed by the High Court delivered on October 14, 2026," he said. 

The magistrate explained that the corporate entities had been sentenced separately from the natural persons convicted in the case. 

He said the applicable legal provision prescribed a maximum fine of Sh25 million or an amount equivalent to the value of the property involved in the offence, whichever was higher. 

However, the court retained discretion to impose lower fines depending on the circumstances of the offence and the role played by each company. 

That provision also does not prescribe imprisonment as a penalty for a body corporate," Barasa said. 

The explanation applied to Saika Two Estate Developers Limited, listed as the 12th accused, and Testimony Enterprises Limited, the 11th accused.