- Monda told the court that the accused persons were appearing in their corporate capacity and should be treated as such, rather than as individuals.
Former Kiambu Governor Ferdinand Waititu, his wife, Sarah Wangare, and their co-accused on Monday appeared before Anti-Corruption Magistrate Harrison Barasa for mitigation and sentencing following a High Court ruling upholding their convictions in the Ksh.588 million corruption case.
However, the proceedings were met with objections from the defence, which argued that the accused persons could not be presented for sentencing because the trial court had acquitted them and there was no conviction against the three individuals.
The prosecution, led by Vincent Monda, opposed the defence's position, arguing that the High Court had allowed the State's application in its entirety and directed that the accused persons appear before the magistrate's court for mitigation.
Monda told the court that the accused persons were appearing in their corporate capacity and should be treated as such, rather than as individuals.
The prosecution maintained that proceeding as proposed by the defence would be improper, arguing that it would amount to dealing with the accused as individuals instead of in their corporate capacity.
In response to the arguments, the court said it would issue directions on the matter on October 22, 2026, at 9 am. The prosecution also sought the issuance of an order for Charles Ngugi to appear before the court.
Meanwhile, the prosecution opposed a defence application seeking the release of Sarah Wangare pending the court's directions.
Monda argued that Wangare was a convicted person and that the money-laundering conviction carried a penalty of Ksh.25 million, making the offence serious. The prosecution further argued that she should not be released on bail or bond before mitigation.
The case follows a High Court ruling delivered on Wednesday by Justice Rose Ougo, which upheld convictions against Waititu, his wife and their co-accused on other charges while overturning the trial court's acquittal on money-laundering charges.
The court is expected to give further directions on October 22, 2026, at 9 am.