Ex-Governor Waititu remanded, fined Ksh 53.5M or 12 years jail

Former Kiambu Governor Ferdinand Waititu, also known as Baba Yao, has been remanded at Industrial Area Prison alongside his co-convicts, Luke Wahinya and Charles Chege, following their conviction in a Ksh 588 million road tender graft case.

The trio has requested the court to release exhibits in their case, stating their intention to appeal the ruling at the High Court.

Meanwhile, Waititu’s wife, Susan Wangari, pleaded with the court to be held in the cells instead of being taken to prison immediately, as her daughter, who was present in court, processes her fine.

Chief Magistrate Thomas Nzioki sentenced Waititu to a fine of Ksh 53.5 million or, in default, 12 years in prison after finding him guilty of conflict of interest.

The court ruled that he benefited from Ksh 25.5 million in kickbacks and must pay double the amount or serve the sentence as per the law.

Nzioki noted that the prosecution had proven Waititu’s failure to uphold governance values and safeguard public funds.

The testimony of 32 witnesses and documentary evidence established that Ksh 25 million was funnelled to him through his company, Saika Two Developers and his business, Bienvenue Hotel, after awarding the tender to Testimony Enterprises Limited.

“This is a classic case of conflict of interest, debunking the much-hyped theory of political witch-hunt as claimed by Waititu,” Magistrate Nzioki stated.

His wife, Susan Wangari, was fined Ksh 1 million or, in default, will serve 12 months in prison.

Testimony Enterprises Limited director Charles Chege received the heaviest fine of Ksh 294.5 million.

The court warned him against engaging in procurement deals that violate legal procedures.

The ruling also implicated Engineer Waihinya as the mastermind of the fraudulent scheme.

The court found he had manipulated the tender evaluation process by unlawfully removing critical requirements, violating the Constitution and unfairly disadvantaging four other bidders to favour Testimony Enterprises Limited, a company that lacked the capacity to execute the project.

“I have no doubt in my mind that the contract is a fraud… It is a mockery of the law,” Magistrate Nzioki ruled.

While the court convicted Waititu, his wife and the directors of Testimony Enterprises Limited on graft-related charges, they were acquitted on three counts of money laundering.

The court also upheld the charge of unlawful acquisition of public property against Testimony Enterprises Limited and its directors, further exposing their role in the fraudulent tender.

Waititu, his wife and other county officials were first charged in the corruption case on July 29, 2019.