Court set to sentence Waititu and wife after finding them guilty of Sh533 million fraud

Former Kiambu Governor Ferdinand Waititu and his wife Susan Wangari have been convicted of corruption  linked to the manipulation of a Sh588 million road construction tender.

The conviction was handed down by  Milimani Chief Magistrate Thomas Nzyoki who found the two guilty of conspiring to defraud the county government.

Others found guilty are businessman Charles Mbuthia Chege, his wife Beth Wangechi and former Kiambu County Roads Chief Officer Luka Mwangi Wahinya.

The accused persons were guilty of graft charges revolving a tender awarded to Testimony Enterprises Ltd in February 2018. The company was linked to the accused individuals for road works across several sub-counties in Kiambu.

Testimony Enterprises Ltd. had won the Sh588,198,328 tender, which was supposed to enhance the infrastructure in Kiambu County.

However, the court found that the tender process was manipulated to ensure Testimony Enterprises, a company with no legitimate qualifications to handle such a large-scale contract, was awarded the project.

The Prosecution tvidence presented in court showed that Waititu received Sh25.6 million from Testimony Enterprises via various companies connected to him, including Saika Two Estate Developers, Bienvenue Delta Hotel Ltd, and Lake Naivasha Resort Ltd.

Despite attempts by the defence to argue these transactions were legitimate business dealings, the court ruled otherwise, pointing out that the payments were part of a fraudulent scheme.

Nzyoki dismissed Waititu’s defense that the case was politically motivated.

He noted that the evidence provided, including testimonies from 32 witnesses and 129 pieces of documentary evidence, solidly proved the charges against the accused.

The court revealed that the procurement process for the road tender was altered to favor Testimony Enterprises.

 Key figures, including Luka Mwangi Wahinya, played pivotal roles in rigging the tender evaluation.

It was also revealed that the director of Testimony Enterprises, Charles Chege, had submitted forged academic credentials, falsely claiming his company had the necessary expertise to carry out the project.

The court ruled that the contract awarded to Testimony Enterprises was null and void due to the fraudulent nature of the procurement process.

In her submission, state prosecutor Faith Mwila urged the court to impose a harsh sentence, highlighting the detrimental effects of corruption on the people of Kiambu County and the country at large.

She emphasised that the corruption had cost the county over Ksh 147 million, money that could have been used to improve the lives of residents in Kiambu.

“The scale of the fraud was massive, and the actions of these individuals have had a devastating impact on public trust and governance,” Mwila said. “The sentence must reflect the seriousness of the crime and serve as a deterrent.”

The defence teams, however, sought leniency, arguing that the accused were first-time offenders who had shown remorse.

They also pointed to the personal toll the case had taken on the families of the accused, who had already suffered significant emotional and financial hardships.

The court will impose the sentence tomorrow.