The defence told Anti-Corruption Magistrate Harrison Barasa that the accused could not be presented for sentencing because the trial court had acquitted them, so no conviction stood against the three. They also applied for the release of Wangare until the court gave directions.
Prosecutor Monda opposed it. He argued that Wangare is a convicted person and that her money-laundering conviction carries a penalty of KSh25 million, which he said makes the offence serious. She should not, he submitted, be released on bail or bond before mitigation. On the wider objection, he said the High Court had allowed the State's application in its entirety and directed the accused to appear before the magistrate for mitigation.
The ground for that position comes from Wednesday's High Court ruling by Justice Rose Ougo, which the story says upheld convictions against Waititu, his wife and their co-accused on other charges and overturned the trial court's acquittal on money-laundering charges in the KSh588 million case.
The magistrate did not rule on either point. The court will issue directions on October 22, 2026, at 9am, and the prosecution also asked for an order for Charles Ngugi to appear.

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