The High Court of Kenya has delivered a ruling in a Ksh588 million graft case involving former Kiambu Governor Ferdinand Waititu “Babayao”.
The case also involved his Waititu’s wife Susan Wangari Ndung’u as well as Luka Mwangi Wahinya (former Chief Officer, Roads, Transport, Public Works and Utilities), Charles Chege Mbuthia, and Beth Wangeci Mburu, Directors of Testimony Enterprises Limited, Saika Two Estate Developers Limited, and Bienvenue Delta Hotel respectively.
In a ruling on the morning of Wednesday, February 12, Milimani Anti-Corruption Court Chief Magistrate Thomas Nzioki found Waititu (the first accused) guilty of four counts for irregularly awarding tenders worth Ksh588 million.
The counts include fraudulent tender allocations, conflict of interest, and forgery.
Magistrate Nzioki determined that the first accused person unlawfully profited from public funds, including Ksh25 million obtained through a company associated with him.
“Inevitable conclusion, the first accused person you are viable in count number one for conflict of interest by acquiring an indirect person of interest accumulated sum of Ksh25,624,500, ” said the judge.
“Count one first accused person (Waititu) guilty, count two first accused person and Saika Two Estate Developers Limited guilty, count three first accused person and Saika Developers limited guilty.”
On count four, the former governor alongside the second co-accused (his wife), and Bienvenue Delta Hotel were found guilty.
Court rules on Ksh588 million corruption case
Judge Nzioki also found the third accused person guilty of count five, while Charles Chege Mbuthia alongside the fifth and eleventh accused persons were found guilty of count seven.
“Count eight, fourth, fifth and eleventh accused persons guilty. Count nine, fourth, fifth and eleventh accused persons guilty,” the judge added.
The court however acquitted all the accused of three money laundering counts.
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The ruling came after Magistrate Nzioki found the accused had a case to answer.
Waititu and his co-accused were charged with fraud, conflict of interest, dealing with suspect property, money laundering, and abuse of office, arising from fraudulent award of road tenders worth the said amount to a company owned by the former Governor’s family in February 2018.
“The accused persons were convicted after 32 prosecution witnesses testified, and 129 exhibits were produced,” the Office of the Director of Public Prosecutions (ODPP) said in a statement on Tuesday.
Case against Waititu and his co-accused
Justice Nzioki had issued summons to Waititu after the former Governor failed to appear in court and directed that he appears in court physically on Wednesday, when the judgement would be delivered.
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In a previous court session, the ex-County boss denied all the charges against him, claiming it was a political witch-hunt from his rivals.
He alleged that it was a scheme to remove him from office due to his support for President William Ruto in the 2022 succession politics.
“It was a scheme. This was a political witch hunt. The case was initiated to hound me out of the Kiambu governor’s office. They succeeded because when I was charged, one of the conditions of my bail was that I should not return to the office,” Waititu said.
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