Former Kiambu Governor Ferdinand Waititu was on Tuesday at pains to explain how he sold a parcel of land to a contractor awarded the Sh588m roads tender by the county before acquiring it.
The DPP has accused Waititu of illegally acquiring over Sh20 million from Testimony Enterprises Ltd which was awarded the tender between July 2 2018& March 13 2019 at the time he was Governor.
The tender in question was for upgrading various gravel roads in Thika, Limuru, Gatundu North, Juja and Ruiru sub-counties during the financial year 2017-2018.
In his defence, Waititu told trial Magistrate Thomas Nzyoki that the monies he received from Testimony were proceeds of land he allegedly sold to Testimony Enterprise Director Charles Chege.
To support his claim, he produced in court a power of attorney dated April 2018 which indicated that the owner of the land had been permitted by her children to dispose of the property to Waititu.
The power of attorney was in relation to properties in Nairobi.
The prosecution led by Prosecutor Faith Mwila took issue with the document saying that Waititu sold the land before he acquired it.
The court heard that records show Waititu sold the land to chege on 3 Jan 2018 meaning he sold it before acquiring it.
The wife also produced documents in court to support her defence.
Among them were trading licenses for the years 2018-2019 in the name of Bienvenue Delta Hotel.
She also produced a letter from the tourism Board showing she used to pay the catering levy on different occasions.
She was the one running Bienvenue Delta Hotel.
Tuesday's proceedings marked the close of the defence case.
Magistrate Nzyoki directed the case to be mentioned in a month to confirm whether parties have presented final submissions before judgement day.
In the case, Waititu, his wife Susan Wangari, Testimony Enterprises, its directors and others were in 2019 charged over the irregular award of Sh588,198,328.20 road tender in Kiambu County.
They have all denied the charges.
The prosecution closed its case in 2023 after calling 32 witnesses and presenting several documentary evidence.
