A Magistrates Court is this morning expected to impose its sentence against former Kiambu Governor Ferdinand Waititu after finding him guilty of corruption-related charges in relation to the irregular award of a Sh588 million roads tender.
Also convicted were Waititu's wife Susan Wangari, Directors of Testimony Enterprises Limited-Charles Chege and Beth Wangeci and former Kiambu Roads official Lucas Wahinya.
The Prosecution has asked the court to impose a harsh sentence to serve as a deterrent to any person thinking of engaging in any corrupt conduct.
Prosecutor Faith Mwila asked the court to consider the gravity of the offence and the impact it has on society.
But the convicts pleaded for a non-custodial sentence saying they had suffered immensely from the time they were arraigned in court.
"We are sorry and ask for forgiveness from God and the court. We implore on court to have mercy and give us a second chance. We are on our knees," they said through advocate John Swaka.
Lucas on the other hand told the court that he is the sole breadwinner and imposing a custodial sentence will affect the welfare of his family.
In convicting them, Chief Magistrate Thomas Nzyuki said the Prosecution was able to prove that Waititu failed to adhere to the values of national governance and to safeguard public funds when he received Sh25 million from Testimony after the award of the irregular tender.
He said the testimony of 32 witnesses and documentary evidence proved that Sh25 million was disbursed to him as a direct consequence of the award of the tender to testimony.
"The inevitable conclusion is that Waititu is liable for conflict of interest by acquiring an indirect personal interest of sh 25m from testimony," said the magistrate.
These monies were channelled through his company and business name Saika Two Developers and Bienvenue Hotel during his tenure as the Governor of Kiambu.
"This is a case of a classic example of conflict of interest and debunks the much-hyped theory of political witchhunt as claimed by Waititu," said the court.
The court in convicting Waititu also said a former roads official Lucas Wahinya also an accused in the case was guilty of disregarding every rule in the procurement law.
"Nothing seemed to stop him from securing the award of the tender to Testimony enterprises whose directors were acquittances of the Governor," said the Magistrate.
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.
It was awarded to Testimony Enterprise, owned by Charles Chege and Beth Wangeci Mburu after quoting Sh588 million.
After the award, the company gave Waititu a 'kickback' of Sh25.6 million.
The accused persons were however acquitted on charges of money laundering with the court saying there was no evidence to prove the same.