Former Kiambu Governor Ferdinand Waititu and four others have been found guilty of irregularly awarding tenders worth Sh588 million.
His wife Susan Wangari, directors of testimony enterprises Charles Chege and Beth Wangeci who were awarded the tender and former roads official at the county Lucas Wahinya were also found guilty.
Chief Magistrate Thomas Nzyuki said the prosecution proved that Waititu failed to adhere to values of national governance and to safeguard public funds when he recieved Sh25 million from Testimony after the award of the irregular tender.
He said the testimony of 32 witnesses and documentary evidence proved that Sh25 million was disbursed to him as a direct consequence of the award of the tender to testimony.
“The inevitable conclusion is that Waititu is liable for conflict of interest by acquiring an indirect personal interest of Sh25 million from testimony,” said the magistrate.
These monies were channelled through his company and business name Saika Two Developers and Bienvenue Hotel during his tenure as the Governor of Kiambu.
“This is a case of a classic example of conflict of interest and debunks the much hyped theory of political witchunt as claimed by Waititu,” said the court.
The court in convicting Waititu also said a former roads official Lucas Wahinya also an accused in the case was guilty of disregarding every rule in the procurement law.
“Nothing seemed to stop him from securing the award of the tender to Testimony enterprises whose directors were acquittances of the Governor,” said the Magistrate.
The accused persons were however acquitted on charges of money laundering with the court saying there was no evidence to prove the same.
Nzyuki took into consideration the evidence of Justus Bundi- the county’s procurement boss who said Wahinya disregarded his opinion on various gaps that needed to be addressed before awarding the tender.
Waititu, his wife and other county officials were charged on July 29, 2019 with the corruption case.
Waititu in particular faced conflict of interest, dealing with suspect property, money laundering and abuse of office.
The Prosecution said Saika Two Estate Developers Ltd, a firm owned by Waititu and his wife, is said to have received more than Sh25 million from Testimony Enterprises Limited Contractor, a firm contracted by the county government to develop roads through irregular tendering.
The tender in question was for upgrading various gravel roads in Thika, Limuru, Gatundu North, Juja and Ruiru sub-counties during the financial year 2017-2018.
It was awarded to Testimony Enterprise, owned by Charles Chege and Beth Wangeci Mburu after quoting Sh588 million.
After the award, the company gave Waititu a ‘kickback’ of Sh25.6 million.
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