Former Kiambu Governor Ferdinand Waititu and his wife Susan Wangari have been sentenced to prison after they were convicted on corruption charges relating to the Ksh588 million road tender.
Millimani Anti-Corruption Court Chief Magistrate Thomas Nzioki on Thursday, February 13 sentenced Waititu to twelve years in jail or a fine of Ksh53.5 million.
The sentencing came after the former governor was on Wednesday convicted alongside his wife, former Kiambu County Roads Chief Officer Luka Mwangi Wahinya, and businessman Charles Mbuthia Chege alongside his wife Beth Wangechi after being found guilty of a corruption scheme to defraud the county government of millions of shillings.
Waititu’s wife Wangari on her part has been sentenced to one year in prison or pay a fine of Ksh500,000.
The court also barred him, his wife, and the co-accused from holding any public office for 10 years.
Their co-accused, Testimony Enterprises Limited director Charles Chege, has also been slapped with a 9-year sentence or pay a fine of Ksh295 million.
Beth Wangeci, the second director at Testimony Enterprises Limited was fined Ksh1 million or serve a year behind bars, while former Kiambu County Roads Chief Officer Luka Mwangi Wahinya was sentenced to pay a total fine of 21 million or in default serve 7 years’ imprisonment.
On Wednesday, Justice Nzioki delivered the verdict which concluded a five-year legal battle investigated and prosecuted by the Ethics and Anti-Corruption Commission (EACC).
The fraudulent tender worth Ksh588,198,328 which involved the upgrading of several roads in Kiambu, Thika, Limuru, Gatundu North, Juja and Ruiru was awarded by the county government in February 2018 to Testimony Enterprises Ltd.
Waititu found guilty
While convicting Waititu, the magistrate noted that the former governor failed to honor the oath of office and to safeguard public funds.
Also Read: Former Governor Sentenced After Being Found Guilty in Ksh83 Million Case
He also dismissed the defense by the ex-County boss that the case was a political witch-hunt by the previous Jubilee administration over his political relationship with President William Ruto.
Instead, the magistrate affirmed that the prosecution had presented a compelling case, supported by 32 witnesses and 129 pieces of documentary evidence, which established the guilt of the accused beyond reasonable doubt.
“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,” Nzioki ruled.
Magistrate Nzioki found Waititu (the first accused) guilty of four counts for irregularly awarding the Ksh588 million tenders.
The judge determined that the first accused person unlawfully profited from public funds, including Ksh25.6 million obtained through a company associated with him.
Other charges
While condemning the former Kiambu county boss to jail, the court found that Waititu himself had a direct personal interest in the tender process as evidence showed that he received Ksh25.6 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.
“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.”
Also Read: Ferdinand Waititu Found Guilty
In addition to Waititu’s conviction on charges of conflict of interest and dealing with suspect property, his wife Wangari was convicted for her role in facilitating these illicit transactions.
Wahinya was found guilty of abuse of office, while Chege and his wife Beth were convicted for their involvement in fraudulent practices related to the tender.
The court however acquitted all the accused of three money laundering counts.
Once a prominent political figure, Waititu is now the second governor in the country’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.
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