Ethics and Anti-Corruption Court has convicted former Kiambu Governor Ferdinand Waititu and his wife, Susan Wangari, in the Sh 588 Million road construction tender corruption matter after five years.
Chief Magistrate Thomas Nzioki convicts Waititu as the second governor in Kenya to be convicted of corruption, following his former Samburu counterpart, Moses Lenolkulal, who was sentenced to four years for embezzling over Sh 83 million from the devolved unit.
Alongside Waititu is businessman Charles Mbuthia Chege, his wife Beth Wangechi, and former Kiambu County Roads Chief Officer Eng. Luka Mwangi Wahinya were also found guilty of the corruption charges.
Magistrate Nzioki convicted them over the Sh 588,198,328 road construction tender that was awarded to Testimony Enterprises by the county government in February 2018 inorder to upgrade various gravel roads to bitumen standards in Thika, Limuru, Gatundu North, Juja, and Ruiru sub-counties.
The court however, acquitted them of money laundering charges, ruling that since they had already been convicted of conflict of interest, abuse of office, and dealing with suspect property, it would be oppressive for the prosecution to press money laundering charges as well.
In his ruling, Nzioki stated that the former governor failed to uphold his oath of office and protect public funds dismissing Waititu’s claim that the case was a political witch hunt by the previous Jubilee administration due to his political ties with President William Ruto.
“Having painstakingly evaluated the evidence presented and carefully considered the submissions, I am convinced beyond reasonable doubt that the prosecution has proved the charges against the accused persons,” said the magistrate.
He further noted that the transfer of funds from Testimony Enterprises Limited to companies associated with Waititu and his wife clearly establishes a scheme designed to siphon public funds.
The court found that the former governor had a private interest in the contract, receiving Sh 25.6 million from Testimony Enterprises, which was funneled through his companies, including Saika Two Estate Developers, Bienvenue Delta Hotel Ltd, and Lake Naivasha Resort.
“This case is not political, figures do not lie. Why did he receive over Sh 25.6 million from Chege?” Stated the court.
Magistrate Nzioki dismissed the defense presented by Waititu and his wife that the funds received from Testimony Enterprises were payments for legitimate services such as hotel conferences, accommodation, meals, and fuel supplies. He described their defense as self-incriminating.
He further stated that the explanations
provided by the governor, his wife, and Testimony Enterprises’ director regarding the funds transferred to Saika Two Estate Developers, Bienvenue Delta Hotel Ltd, and Lake Naivasha Resort lacked credibility.
“Their defense contains an unequivocal admission that Bienvenue Delta Hotel, owned by the governor and his wife, engaged in direct business dealings with Testimony Enterprises Ltd, supplying petroleum products and offering conference and catering services,” observed the magistrate.
Additionally, the magistrate detailed how the road project contract was fraudulently awarded to Testimony Enterprises Ltd, a company linked to Waititu and his wife.
“Testimony Enterprises Limited secured the tender through manipulation and
procurement fraud orchestrated by Eng. Luka Mwangi Wahinya and the Tender Evaluation Committee. The introduction of new criteria during the evaluation process, improper serialization, and the form of tender gave Testimony Enterprises an unfair advantage over four other bidders,” he ruled.
The court found that Mwangi manipulated the procurement process in violation of Section 74(1)(i) of the Public Procurement and Asset Disposal Act, 2015, by omitting serialization and altering the bidding process.
“I have no doubt that the prosecution has demonstrated that Testimony Enterprises Ltd won the tender fraudulently, with the assistance of Eng. Luka Mwangi and the Tender Evaluation Committee. Consequently, Mwangi and Chege were the architects of the corruption scheme at the center of this case,” said Magistrate Nzioki.
The County Roads Chief Officer was convicted of abuse of office, as he played a central role in the flawed procurement process that led to the fraudulent award of the road construction tender.
The court declared the tender illegal, null, and void, ruling that it was fraudulently obtained. Chege was found to have used forged academic credentials to falsely claim his company had skilled personnel for the project.
The court further established that Testimony Enterprises Ltd secured the tender using falsified documents, including fake partnership agreements with China Wu Yi Company Limited. During his defense, Mr. Chege admitted to submitting the forged documents to secure the contract.
The prosecution revealed that Chege had also forged academic documents from the University of Nairobi and Jomo Kenyatta University of Agriculture and Technology Additionally, he falsified records to claim that his company had previously been subcontracted by a Chinese construction firm to undertake similar projects, as proof of capability.
However, based on the prosecution’s evidence, the magistrate ruled that Testimony Enterprises lacked the capacity to execute the multi-million tender.
“Under Section 66(1) and Section 66(3)(b) of the Public Procurement and Asset Disposal Act, 2015, this contract is voidable. It is established law that a contract obtained through fraud is illegal, null, and void ” the magistrate declared.
Waititu was convicted of conflict of interest and three charges related to dealing with suspect property amounting to Sh 25.6 million.
His wife, Susan Wangari, was convicted of three counts of dealing with suspect property, while Eng. Mwangi was found guilty of abuse of office. Mr. Chege and his wife Beth were convicted on three charges related to engaging in fraudulent practices.
Chege was also convicted of corruptly acquiring Sh 147 million from the Kiambu County Government.
The court is set to deliver its sentencing on all the five convicts.
