Former Kiambu Governor Ferdinand Waititu is seeking permission from the High Court to settle his Sh74.2 million financial penalty through instalments, in a fresh attempt to manage the financial consequences of his conviction in the Sh588 million Kiambu County road tender scandal.
Waititu, who is serving his prison sentence at Kamiti Maximum Security Prison, wants to make an initial payment of Sh20 million before committing to monthly instalments of Sh1 million until the entire amount is cleared.
His lawyer, Chris Mutuku, filed the application under a certificate of urgency on Tuesday, asking the court to consider the proposed payment arrangement.
The former governor has also offered to provide security through bond, title deeds or other assets acceptable to the court to guarantee payment of the outstanding balance.
However, the application does not mean the court has approved the arrangement. Waititu remains in prison as he pursues an appeal against his conviction and sentence.
Sh74.2 Million Penalty Linked to Sh588 Million Road Tender Scandal ¶
The financial penalty stems from the corruption case involving a Sh588 million Kiambu County road construction tender awarded to Testimony Enterprises, which exposed the former governor to multiple criminal charges and substantial financial sanctions.
The Sh74.249 million penalty comprises fines imposed under separate counts rather than a single financial order.
On one count under the Anti-Corruption and Economic Crimes Act, Waititu was fined Sh1 million, with a default prison sentence of two years if he failed to pay.
A separate mandatory fine, calculated at twice the alleged benefit, amounted to Sh51.249 million. Failure to pay attracts a seven-year prison sentence.
In another count involving Saika Two Estate Developers, the court imposed a Sh500,000 fine, with a one-year default prison term.
The High Court subsequently reversed aspects of the money-laundering proceedings and imposed an additional Sh21 million fine, bringing the total financial liability to Sh74,249,000.
The breakdown exposes the scale of the financial consequences arising from the case, with the former county chief now asking the court to allow him to spread the payment over several years rather than settle the entire amount immediately.
Waititu Offers Property as Security as Appeal Continues ¶
In his latest application, Waititu has proposed an initial Sh20 million payment, leaving approximately Sh54.249 million to be settled through monthly instalments of Sh1 million.
At that rate, clearing the remaining balance would take approximately 55 months, assuming the proposed arrangement is approved and no additional payments or adjustments are made.
To reassure the court over the outstanding amount, his defence has offered bond and security in the form of title deeds or other assets that may be considered sufficient.
The application comes as Waititu continues challenging his conviction and sentence, leaving the ultimate outcome of his appeal unresolved.
His defence has previously raised concerns about his advanced age and ill-health during court proceedings. However, those claims have not been independently verified.
The High Court must now determine whether the proposed instalment arrangement and offered security meet the legal requirements for settling the financial penalties.
For now, the former governor remains behind bars, with the Sh74.2 million penalty adding another financial battle to the legal consequences of the Kiambu road tender scandal.
