First Offenders, Says Waititu, but the Law Does Not Promise Them a Lighter Sentence

Ferdinand Waititu's request to the court comes down to one fact he wants weighed. He told the court that he and his wife are first offenders and asked that this be considered when sentencing, alongside his apology for "whatever wrong" he did.

The story is careful about what that can achieve. A first-offender record may be taken into account, it says, but it does not automatically mean a lighter punishment. In sentencing, the court looks at the law, the seriousness of the offences and the circumstances put forward by both the accused and the prosecution. The apology and the plea, it adds, do not decide the outcome on their own.

That matters because of what sits on the other side. The case concerns a Sh588 million road tender in Kiambu County, and the story says it has drawn attention because it involves a former governor and public money. Mitigation of this kind is always set against how serious the offences are, and the story gives no detail on what the prosecution said in reply or what penalties the offences carry.

It also does not say when the court will pass sentence, who the co-accused are, or whether Waititu's wife addressed the court herself.

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