Former Kiambu Governor Ferdinand Waititu and his co-accused have pleaded for leniency during sentencing, asking the court to consider their family circumstances, individual roles in companies linked to the case and status as first-time offenders.
During mitigation proceedings before Magistrate Harrison Barasa, Waititu apologised to the court for his wrongdoing and urged the magistrate to impose a reduced sentence, noting that he and his wife had no previous criminal convictions.
“I apologise for whatever wrong I did. I am a first offender together with my wife, so when sentencing, please consider that,” Waititu told the court.
The former governor also asked the court to consider his position as a director at Saika Enterprises, arguing that the companies linked to the case were already operating before he assumed office as governor.
He further sought leniency for his wife, arguing that her involvement in Delta Hotel was limited and that the business had other directors responsible for its operations.
Lawyers representing the accused similarly urged the court to distinguish the individual roles of the women from those of their co-accused, arguing that some had minimal involvement in the companies and did not directly participate in the financial transactions under scrutiny.
In submissions on behalf of Susan Wangare, her lawyer told the court that she was neither a signatory to the company’s bank accounts nor a beneficiary of the transactions in question.
The defence maintained that her involvement was limited to being a business partner and urged the court not to impose a sentence that failed to reflect her specific role.
Similar arguments were made for the fifth accused, whom the defence described as a silent partner who had no active involvement in the company’s day-to-day affairs.
The lawyers argued that the women risked receiving harsh punishment largely because of their association with their husbands, urging the court to assess each accused person individually.
The court was also asked to consider the impact of imprisonment on the families, particularly children who depend on the accused for financial and parental support.
The defence described Beth as a young mother and the sole breadwinner for her children while her husband serves a prison sentence at Kamiti Prison.
Her lawyer argued that imposing similar punishment on both spouses would place an unfair burden on their minor children.
The defence further urged the court to take into account the time some of the accused had already spent in custody when determining their sentences.
Waititu’s lawyers told the court that the former governor had been in prison for more than a year, while the fourth accused had spent close to two years behind bars.
Charles Chege, a director of Testimony Enterprises Limited, also appealed for leniency for his wife, arguing that her involvement in the company was minimal.
According to the defence, she held only one share when the company was registered and was not a signatory to its bank account, a position the lawyer said was supported by a letter from the bank presented in court.
Chege further told the court that the company had indicated before the lower court that it would take responsibility for the transactions in question.
“I’m currently serving my jail term. The lower court fined her, which we struggled to pay,” he stated.
Throughout the mitigation proceedings, the accused, through their lawyers, expressed remorse and sought forgiveness, maintaining that they had not intended to cause harm.
The defence acknowledged that the matter was before the Court of Appeal but noted that the convictions remained in force as the accused appeared for sentencing.
The mitigation submissions are expected to guide the court in determining appropriate sentences, with the defence urging consideration of each accused person’s level of involvement, family responsibilities, previous criminal record and time already served.
The court’s decision will determine the sentences imposed on Waititu and his co-accused following the mitigation hearing.
