Today Beleaguered Kiambu Governor Ferdinand Waititu and his wife Susan Wangari Ndung’u risk losing a multi-million prime property targeted for seizure located along University Way in Nairobi believed to have been purchased using monies linked to proceeds of crime.
Today morning, the governor, his wife and eight others will be charged with at least four counts of conflict of interest, money laundering, dealing with suspect property and abuse of office in connection to controversial award of tenders to M/S Testimony Enterprises Limited.
The inquiry relates to allegations of procurement of tender no CGK/RTPW/142/2017-18 for the upgrading of various gravel roads to bituminous surface in Kiambu County awarded to M/S Testimony Enterprises Limited at a cost of Sh588million.
Out of the total contractual cost, Testimony Enterprises has so far received Sh147 million and another 74million through separate questionable tenders awarded through single sourcing under the guise of providing services and supply goods by way of a request for proposal.
Forensic investigations and bank records show Testimony advanced Sh25 million to Saika Two Estate Developers Limited owned by the governor and his daughter to purchase Bieneveu Delta Hotel Limited owned by Waititu and his wife.
Bieneveu Delta Hotel Limited also received another Sh18million believed to be proceeds of graft from Testimony. In total, Testimony Enterprises has been paid Sh221.4 million irregularly. Yesterday, Waititu appeared at the Ethics and Anti-Corruption Commission (Eacc) headquarters at 8.30am accompanied by his lawyer Kipchumba Karori after two days of a cat and mouse games with the Eacc sleuths seeking to arrest him.
Moments later, Kiambu County Chief Officer in charge of Roads Engineer Lukas Wahinya was booked in. Waititu’s wife was presented by their family lawyer Kipchumba Karori at 2.15pm. “So far we are done with the processing. We are just waiting for the communication on what next because we presented ourselves in the morning and what remains is to make sure the due process is followed.
Fingerprints have been taken and the charge and caution has been read.” Karori said. However, he denied allegations that the governor went into hiding after learning of his pending arrest.
“I might not want to go to the depth of the charges but I think the DPP has already availed them to the public domain and those remains the charges that have been preferred against them. We will be given due time in court hopefully beginning tomorrow and we will deal with them one by one. The issue of running away is neither here nor there.
As you know you cannot run away from the justice system in this country. Government operates as machinery. He was within the borders but came back very late at night. There was confusion with the communication.” Karori observed.
They spent the night at Integrity Center which is a gazette police station. Others in custody are Charles Chege Mbuthia( Director Testimony Enterprises Ltd), Beth Wangeci, Mburu ( Director Testimony Enterprises Ltd), Zakary Njenga Mbugua ( member of Evaluation Committee) , Joyce Musyoka (Evaluation Committee) and Samuel Muigai (Evaluation Committee).
Wangeci and Chege are a couple. By yesterday evening, Eacc sleuths were yet to trace Simon Kang’ethe and Gachukia Wanjikuboth members of the Kiambu County tender Evaluation Committee.
Although their whereabouts remains unknown, Karori is acting on behalf of all the accused. “I don’t know their whereabouts. I am also here waiting.” He added. However, the Director of Public PROSECUTION Noordin Haji exonerated Waititu’s daughter Monica Njeri Ndung’u from any culpability saying investigations showed she was a dormant director of Saika Two Estate Developers Limited alongside his father, the governor.
The DPP said part of the funds used by Saika Two Estate Developers Limited to purchase Bieneveu Delta Hotel Limited owned by Waititu and his wife. “We find that she was a sleeping director and not active in the affairs of the company. Her explanation is reasonable.” Haji said.
The roads project covered Thika, Limuru, Gatundu North, Juja and Ruiru sub-counties, which was allegedly skewed in favour of the winning bidder with the assistance of the county officials. “I find that the award of the contract for Ksh.588,198,328.20 in respect to tender No.CGK/RTPW&U/142/2017-2018- for the upgrading of various gravel roads to Bitumen surface in Thika, Limuru, Gatundu North, Juja and Ruiru sub-counties was skewed in favour of M/s Testimony Enterprises Ltd, and the county government officials were culpable,”the statement reads.
Eacc investigations revealed that directors of M/s Testimony Enterprises Ltd were close associates of the governor. In what appears to be a botched attempt by the governor to shield his prosecution before the DPP approved the charges last Friday, last week, Waititu withdrew his application seeking an extension of anticipatory bail orders barring his arrest. Besides his lawyer, Waititu was accompanied by Kiambu County Executive Committee member for Sports Karungo Wa Thangw’a. Former Kiambu based Principal Magistrate Bryan Khaemba resigned after Chief Justice David Maraga suspended him indefinitely on ground of gross misconduct after issuing anticipatory bail in favour of Waititu.
At the time, he was on leave. Eacc has instituted bribery investigations against the former judicial officer.