Court set date for hearing of Ksh588M graft case facing Waititu
The hearing of the Ksh 588 million graft suit facing former Kiambu governor Ferdinand Waititu and his wife will now proceed on November 8, 2022.
This is after the trial Magistrate Thomas Nzioki on Friday, October 14, 2022, officially withdrew charges against five members of the Kiambu county government procurement committee following a High Court order issued last week that quashed their further prosecution into the multi-million road tender.
While terminating the charges against Zacharia Mbugua, Joyce Ngina, Simon Kang’ethe, Anslem Wanjiku, and Samuel Muigai, the magistrate stated he had to comply with Justice Esther Maina's decision no further prosecution should be continued against them and discharged them from the matter, leaving Waititu, his wife Susan Ndung’u, former County Chief Officer for Roads Luka Mwangi, six county employees, businessman Charles Chege and his wife Beth Wangechi to face a full trial.
Last week the High court quashed the prosecution of the five procurement committee officials on grounds that it was illegal and unconstitutional as the same amounted to an abuse of the legal process.
Judge Maina however issued an order prohibiting the Milimani Anti-corruption Chief Magistrates Court and the Director of Public Prosecutions from sustaining, proceeding, hearing, conducting or in any manner dealing with the charges laid against the five officials or instituting any other charges against them over the same subject matter.
In the case, Waititu and his co-accused person are facing trial over the alleged irregular award of a Ksh 588,198,328 road construction tender to Testimony Enterprise Ltd.
The former county boss is accused of knowingly acquiring an indirect private interest of Ksh25.6 million with respect to payments made to a county government’s contractor, Testimony Enterprises Limited.
Waititu is charged alongside his wife Susan Ndung’u and his trading company Saika Two Estate Limited.
They have since denied the charges.
It is said that on diverse dates between October 2018 and January 2019 Waititu and his wife being proprietors of the said company jointly received money from Testimony Enterprises while having reason to believe that the amount was acquired from Kiambu County through corrupt conduct.
Testimony Enterprises had been awarded a tender to undertake the upgrading of various gravelled roads in Limuru, Gatundu North, Thika, Juja and Ruiru sub-counties after quoting Ksh 588 million.
The directors of the construction company, Charles Chege and Beth Wangeci, are also accused persons in the case.
Waititu is alleged to have pocketed millions in kickbacks for contracts awarded by the county government.
In the case several witnesses have so far testified including Dr Justus Bundi, Director of Supply Chain Management and the then Chief finance officer Faith Njeri at the County Government of Kiambu testified about the issuance of the tenders.
The two witnesses informed the court that in awarding the tender, the county government’s procurement staff ignored the professional opinion of the devolved unit’s head of supply chain.
