- It’s their case that Testimony used a forged introductory letter from China Wu Yi to get a contract in Kiambu county to construct several roads.
- Say Waititu used his office to influence the tendering committee to favour the firm.
Image: FILE
A Chinese construction company has said their letterhead was forged by a firm that was awarded a Sh580 million roads tender by Kiambu county
Josephat Maroro from China Wu Yi Legal department told the Anti-corruption High Court division that they did not engage Testimony Enterprises Limited for any works but their letterhead was used.
The witness was testifying in a case in which the Ethics and Anti-Corruption Commission is seeking to recover more than Sh170 million from Former Kiambu Governor Ferdinand Waititu, alongside Testimony Limited.
The agency wants them ordered to pay back the money saying they were proceeds of crime.
It’s their case that Testimony used a forged introductory letter from China Wu Yi to get a contract in Kiambu county to construct several roads and that Waititu used his office to influence the tendering committee to favour the firm.
On Monday, Maroro testified that he was summoned by the EACC to record a statement on July 1, 2019, in regards to the case. The EACC he said, were probing a document purporting that China Wu Yi entered into a contract with Testimony. The agency sought to know whether the letter was authentic.
“Our observation in regard to the letter given to us by EACC was that the letterhead of China Wu Yi did not appear to be authentic. It appeared to be different from the letterhead we normally use,” he said.
He told Anti-corruption judge Esther Maina that the details in the letter were not accurate and that the signatory of the document was not one of their staff members.
The witness has worked with the Chinese firm for 10 years. He is in charge of preliminary legal advice to the company.
In the case, the Anti-graft agency claims the tender was inflated and that Waititu had a private interest in the tender, amounting to conflict of interest.
“Investigations also revealed that the eighth defendant (Waititu), while being a public officer, an agent and the Governor of Kiambu County Government knowingly acquired and or held a private interest in the subject contracts which private interest was in conflict with the powers and functions of his public office,” read their documents in part.
Waititu, Testimony, and other accused persons are also facing corruption charges in relation to the alleged irregular tender at the lower court.
The case was to proceed on Monday as well but was pushed to Tuesday before the trial Magistrate Thomas Nzyuki.