Corruption case against Ferdinand Waititu is still ongoing, ODPP says

The Office of the Director of Public Prosecutions (ODPP) has clarified that the High Court has not dropped the anti-corruption charges against former Kiambu governor Ferdinand Waititu.

According to Noordin Haji, the court has only granted orders of prohibition in respect of five former governors co-accused persons who were members of the tender evaluation committee.

Through a statement, ODPP stated it would appeal the decision of the High Court prohibiting the prosecution of five accused persons in the case.

“The Office of the Director of Public Prosecutions (ODPP) being dissatisfied with the decision of the High Court has initiated an appeal in the Court of Appeal against the whole of the decision and intends to proceed with the case against the other accused persons including Ferdinand Waititu which is still pending before the Chief Magistrates court at Milimani Anti-Corruption Division,” read the statement in part.

The ODPP’s statement came hours at the back of media reports that the High Court dropping the chargers against waititu.

“The petitioners sought a declaration that the prosecution of the case which is ongoing before the Chief Magistrate’s Court in the Anti-Corruption Division is unconstitutional and amounts to an abuse of the legal process,” Haji’s office stated.

Waititu and his five co-accused are accused of allegedly benefiting from tenders amounting to Sh588,198,328 for upgrading of various gravel roads to bituminous in Thika , Limuru , Gatunda North , Juja and Ruiru Sub counties awarded to m/s testimony enterprise ltd during the financial year 2017/18.

In particular, investigators from the Ethics and Anti-Corruption Commission (EACC) detail that the over Sh588 tender was awarded to a company where the governor’s proxies sit.

The former embattled kiambu governor Notably has maintained his innocence throughout the investigations.

However, the ODPP has presented the evidence from 27 witnesses before the Magistrates court at Milimani Anti-Corruption Division.