Fresh woes for jailed Waititu as DPP seeks to overturn acquittal in money laundering case
Jailed former Kiambu governor Ferdinand Waititu is facing fresh woes after the Office of the Director of Public Prosecutions (ODPP) lodged appeal seeking to have his acquittal on money laundering charges in the Sh588million graft case overturned.
Waititu is already serving a 12-year jail term after being convicted of conflict of interest and dealing with suspect charges in relation to the case.
The DPP is challenging a lower court’s decision that cleared Waititu and others of the charge, arguing that the magistrate erred in both law and fact by failing to convict them despite the evidence presented.
“In respect to count 12, reverse the acquittal against the 1st, 4th, 5th, 11th, and 12th accused persons, enter a conviction against each of them, and impose a sentence as prescribed by law,” the appeal reads in part.
However, Waititu has since filed an application seeking bail pending appeal of his conviction and sentence in the case.
A fortnight ago, Magistrate Thomas Nzioki convicted and sentenced him in the two charges but let him and other of his co-accessed persons free on money laundering charges.
While sentencing the former governor and his co-accused, Nzioki ruled that Waititu had gained a benefit from his criminal actions, noting that his motive was to enrich himself at the expense of public funds.
The magistrate highlighted the Sh25million that Waititu received after a road tender was awarded to Testimony Enterprises, owned by Charles Chege and Beth Wangeci, as a clear indication of this benefit.
The DPP in its appeal now says it’s dissatisfied with Nzioki’s decision to acquit Waititu, his wife Susan Wangari, their companies; Saika Two and Bienvenue Hotel, Testimony Enterprises Ltd and their directors Charles Chege and Beth Wangeci on a money laundering charge.
“The Magistrate made a mistake in acquitting them against the overwhelming evidence we produced touching on the counts of money laundering,” says the DPP.
They have also taken issue with the ‘lenient sentence meted out against Luke Mwangi and failure by the court to impose a fine as required by the law against Testimony Enterprises, the firm that was awarded the road tender. Luka was the road engineer whom the trial court said was at the centre of the flawed procurement process leading to the award of the road project tender to an unqualified firm.
“Nothing seemed to stop him from securing the award of the tender to testimony enterprises whose directors were acquaintances of the former governor,” said the Magistrate while convicting him. Luka was sentenced to serve seven years in prison or deposit a fine of Sh21 million to secure his freedom. But the DPP now says they will be seeking an enhancement of the sentence imposed against him. “The Magistrate made a mistake by imposing a lenient sentence against Luka,” said the DPP.
This they said was even after Nzioki found that Luka and Charles joined “the rank of the first two architects of the corruption scheme” which is the subject of the present case by failing to take into account the loss of Sh147million incurred by the Kiambu county government.
