Former Kiambu governor Ferdinand Waititu has been ordered to pay a Sh53.5 million fine or spend 12 years in jail after he was found guilty of corruption related charges.
The former governor was on Thursday ordered to pay the amount after he was convicted of graft in relation to a Sh588 million road tender.
He had been convicted alongside his wife Sudan Wangari, who was also ordered to pay Sh500,000 or spend one year behind bars. All the convicts, who included three other co-accused, were also barred from holding any public office for ten years.
The governor and his co-accused were convicted by Millimani Chief Magistrate Thomas Nzyoki, ending a five-year legal battle investigated and prosecuted by the Ethics and Anti-Corruption Commission (EACC).
Waititu and his wife Wangari were convicted alongside businessman Charles Mbuthia Chege, his wife Beth Wangechi and former Kiambu Roads Chief Officer Luka Mwangi Wahinya after being found guilty of a corruption scheme to defraud the county government millions of shillings.
The fraudulent tender worth Sh588,198,328 was awarded by the county government in February 2018 to Testimony Enterprises Ltd. It involved upgrading of several roads in Kiambu, Thika, Limuru, Gatundu North, Juja and Ruiru.
While convicting the former governor, the magistrate noted that Waititu failed to honour the oath of office and to safeguard public funds.
He also dismissed Waititu’s defense that the case was a political witch-hunt by the previous Jubilee administration over his political relationship with President William Ruto.
“Having painstakingly evaluated the evidence presented by the parties and on careful consideration of the submissions, I am convinced beyond any reasonable doubt that the prosecution has proved the charges against the accused persons,” Nzyoki ruled.
Waititu, once a prominent political figure, is now the second governor in the nation’s history to be convicted on corruption charges, after former Samburu Governor Moses Lenolkulal.
Lenolkulal was sentenced to four years in prison for embezzling more than Sh83 million from his county’s funds over a fuel supply tender.
Nzyoki’s decision marked a significant victory for the country’s ongoing battle against corruption and sent a stern warning to public officials and private contractors alike.
While condemning the former Kiambu county boss to jail, the court found that Waititu himself had a direct personal interest in the tender process.
The magistrate noted that evidence showed that he received Sh25.6 million from Testimony Enterprises, channeled through various companies linked to him, including Saika Two Estate Developers, Bienvenue Delta Hotel Ltd, and Lake Naivasha Resort Ltd.
While Waititu and his wife attempted to justify these payments as legitimate business transactions for services such as hotel accommodations and petroleum supply, the court deemed their defense self-incriminating.
Magistrate Nzyoki maintained that the defense presented by Waititu and his wife lacked credibility, pointing to their own admissions of trading with Testimony Enterprises and receiving suspicious payments.
“Their defense is self-incriminating and bears admissions that Bienvenue Delta Hotel, a business name owned by the governor and his wife, was directly trading with Testimony Enterprises Limited by supplying oil and petroleum products and offering conference and catering services,” said the magistrate.
“The defences raised by Mr Waititu, his wife, and Mr Chege fail to account for the cheques and funds transfer disbursements made by Testimony Enterprises Limited”.
According to Nzyoki, the defences, although conflicting, contained unequivocal admission of business dealings between Testimony Enterprises Limited, its director on one part and Waititu’s entity Saika Two Estate Developers.
The court also rejected the notion that the charges against the accused were politically motivated, as had been suggested by Waititu.
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