Susan Wangari, the wife of former Kiambu Governor Ferdinand Waititu, has told a Nairobi court that she was merely a “silent partner” in one of the companies linked to the Sh588 million tender scandal for which she and her husband were convicted of money laundering.

Through her lawyer, Chris Mutuku, Wangari argued that her involvement in Testimony Enterprises was limited to signing the initial company incorporation documents and that she did not participate in its day-to-day operations.

The submissions were made during a mitigation hearing before Chief Magistrate Harrison Barasa as the court prepares to sentence Wangari, Waititu and other convicts in the graft case.

Wangari Says She Had No Role in Company Decisions

Mutuku told the court that Wangari was neither a signatory nor a decision-maker in the companies involved in the disputed tender. He further argued that the prosecution had not demonstrated that she directly or indirectly benefited financially from the transactions.

“She informs me that she was a silent partner. Beside the fact that she signed the initial forms in corporation to the company subject to this sentencing, she has no hand to play in any affairs of that corporation,” Mutuku submitted.

The lawyer maintained that Wangari had been implicated because of her association with the company rather than evidence showing that she controlled its operations or the movement of funds.

“No evidence has been adduced showing that she directly or indirectly received any financial gaining on this matter, made any decision respecting flow of funds in subject matter of the proceedings. She stands accused because she happens to be a partner found to be culpable,” her lawyer submitted.

Mutuku added: “Crucifixion is by association, that’s why she finds herself in the difficult position she is in.”

He urged the court to consider her alleged limited involvement when determining an appropriate sentence.

Lawyer Questions Evidence of Public Funds Loss

During the mitigation hearing, Mutuku also challenged the interpretation of the tender transactions, arguing that the process leading to the award of the contract had been faulted rather than evidence establishing that public money was lost.

“What has been faulted is the process leading to the award of the tender,” the lawyer submitted.

He asked the court to consider an audit report presented by the State during the trial, which he said indicated that no funds had been lost in the transaction.

The arguments formed part of the defence’s plea for leniency during sentencing. They do not overturn the convictions, and the court will determine the appropriate punishment after considering the submissions.

High Court Overturned Earlier Acquittal

The mitigation proceedings followed a High Court decision overturning the earlier acquittal of Waititu and Wangari and finding them guilty of money laundering charges arising from the Sh588 million graft case.

The High Court subsequently directed that the matter be returned to the anti-corruption Chief Magistrate’s Court for mitigation and sentencing.

Other convicts in the case include Testimony Enterprises director Charles Mbuthia and his wife, Beth Wangeci.

The court also heard mitigation submissions concerning Wangeci, with the defence asking it to consider that she is a young mother, the breadwinner in her family and responsible for minor children.

Court Asked to Consider Family Circumstances and Financial Penalties

Mutuku urged the court to assess the circumstances of each convict individually and consider the objectives of punishment, including rehabilitation.

He also argued that the accused persons had already faced substantial financial penalties, including one exceeding Sh50 million, and asked the court to take those penalties into account when determining the sentences.

The court is expected to deliver its sentencing decision on November 2, 2026. The accused persons will remain in custody as they await sentencing.