Former Kiambu Governor Ferdinand Waititu and his co-accused have pleaded for leniency, urging the court to consider their family circumstances, roles in the companies linked to the case and status as first time offenders during sentencing.

During mitigation proceedings before Magistrate Harrison Barasa Waititu apologised to the court for any wrongdoing and asked for a reduced sentence, saying he was a first offender alongside his wife.

“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 sought consideration over his role as a director at Saika Enterprises, arguing that the companies in question were already operating before he assumed office as governor.

Waititu further urged the court to consider his wife’s limited involvement in Delta Hotel, saying the business had directors and that she was not directly involved in its day-to-day operations.

The defence also appealed for leniency for the wives of the accused, arguing that some had minimal involvement in the companies and did not directly participate in the alleged financial dealings.

Lawyers representing Susan Wangare told the court that she was never a signatory to the company’s bank accounts and did not receive any financial benefit from the transactions. The defence maintained that her involvement was limited to being a business partner.

Similar arguments were presented on behalf of the fifth accused person, whom the defence described as a silent partner who had no active role in the company’s affairs.

The lawyer argued that the women were facing punishment largely because of their association with their husbands, urging the court to distinguish their individual roles from those of the other accused persons.

The court was also asked to consider the family responsibilities of the women, with the defence describing 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 imposing similar punishment on both spouses would place an unfair burden on their children, who are still minors.

The defence further asked the court to take into account the time some of the accused have already spent in custody, telling the court that Waititu 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 urged the court to consider his wife’s limited role in the company, stating that she held only one share at the time of registration.

According to the defence, the company had indicated before the lower court that it would take responsibility for the transactions in question. Chege also referred to a bank letter presented in court indicating 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 

The accused persons, through their lawyers, expressed remorse and asked the court for forgiveness, insisting that they had not intended to hurt anyone.

The defence acknowledged that the case was before the Court of Appeal but noted that the convictions remained in place as the accused appeared before the court for sentencing.

The mitigation hearing is expected to inform the court’s decision on the appropriate sentences, with the defence urging the judge to consider each accused person’s individual role, personal circumstances and time already served.