Former Nyandarua Governor Daniel Waithaka Mwangi has been sentenced to two years in prison for procurement irregularities and abuse of office, or to pay a fine of Sh1 million.
The ruling, delivered by Chief Magistrate Hezekiah Kago at the Nyandarua Anti-Corruption Court, also saw Waithaka’s former County Executive Committee Member (CECM) for Water, Energy, Environment, and Natural Resources, Grace Wanjiru Gitonga, handed a similar sentence or a Sh500,000 fine.
Waithaka’s sentence will run concurrently should he opt to pay the fine, a ruling that reflects the seriousness with which the court treats violations of public procurement laws.
Gitonga, who was also convicted for her role in the procurement scandal, faces two years in prison or a fine for engaging in a project without adequate planning and another two-year term or fine for failing to comply with procurement procedures.
The case stems from actions taken by the two public officers on April 30, 2014, when they were found to have unlawfully procured the services of M/s TAHAL Consulting Engineers Limited without a valid procurement plan for the 2013/2014 financial year, in violation of the Public Procurement and Disposal Act of 2006.
In addition to these charges, the court found Waithaka guilty of improperly using his office to confer an undue benefit on the consulting firm. The company was awarded a contract to develop the County Water Master Plan and review the Ol Kalou Town Sewerage System without following the proper procurement procedures.
“He awarded the company a contract for the development of the County Water Master Plan and the design review of the Ol Kalou Town Sewerage System without following the required procurement procedures,” the Office of the Director of Public Prosecution (ODPP) stated.
The conviction of Waithaka and Gitonga highlights ongoing efforts by the government to crack down on corruption in the public sector, particularly in county governments.
Waithaka is the third governor in just two years to face a corruption conviction, following former Samburu Governor Moses Lenolkulaal and ex-Kiambu Governor Ferdinand Waititu.