Waititu asks court to acquit him, says graft case was political

Former Kiambu Governor Ferdinand Waititu has said the Sh588 Million graft charges levelled against him were politically instigated after he fell out with the ruling class.

Waititu says he was sacrificed in a wider political war linked to the 2022 succession politics.

“Unfortunately, this case is one that was informed by the prevailing political temperatures within the country. I fell out of favour with the ruling political class and as a direct consequence I was cast out to wither and die,” says Waititu.

The former County Chief was impeached in 2020 after a motion was tabled by former Ndenderu MCA Solomon Kinuthia who accused him of abuse of office and engaging in corrupt dealings.

63 members of the county assembly voted in favour of his removal with 28 failing to turn up.

The Senate subsequently approved his impeachment. 

In his submissions before the court, Waititu through Advocate John Swaka termed the senate proceedings as a public disgrace.

He says it highlighted the influence of politics and favour with the ruling class when it came to the formulation of policy and laws.

“Those in favor with the ruling class were vindicated whereas those who had lost it were left out in the cold. If not for the fallout between myself and the prevailing political forces at the time, these proceedings would not have been brought,” he explains.

Waititu in urging the court to acquit him asked Trial Magistrate Thomas Nzyuki to take into account the numerous cases the former Director of Public Prosecutions Noordin Haji withdrew on account of being misled by the then Directorate of Criminal Investigations George Kinoti that there was concrete evidence in some of the cases.

“It is equally important to highlight that the former DPP has gone on live and on the record to admit that the majority if not all corruption cases instituted during the former regime were actually informed by the prevailing political forces,” says Waititu

Among high-profile persons whose cases were dropped are Deputy President Rigathi Gachagua, Cabinet Secretaries Aisha Jumwa, Mithika Linturi, former Kenya Power MD Joe Sang former Kenya Power MD Ben Chumo and others.

Waititu, his wife Susan Wangari, Testimony Enterprises, its directors and others were in 2019 charged with the irregular award of Sh588,198,328.20 roads tender in Kiambu County.

The tender in question was issued on February 12, 2018, and awarded to Testimony Enterprise owned by -Charles Chege and Beth Wangeci-after quoting Sh588 million.

The tender was for upgrading of various gravel roads in Thika, Limuru, Gatundu North, Juja, and Ruiru sub-counties during the financial year 2017-2018.

After the award, the company allegedly gave former Kiambu Governor Ferdinand Waititu a kickback of Sh25.6 million. 

The prosecution has since closed its case after calling 32 witnesses and presenting a number of documentary evidence.

But Waititu and his wife have asked the trial court to acquit them as the prosecution failed to prove its case against them by calling key witnesses in the case.

They told Magistrate Nzyuki that since the charges against the entire tender committee were quashed, the case could not stand.

The committee was set free by the High Court after they challenged their prosecution.

The Committee was the body mandated with the duty of awarding tenders.

Waititu says it was central and relevant to the entire case and in their absence no charge can stand against him and other accused persons.

“The prosecution cannot bypass the tender committee and now seek to charge the accused persons. The prosecution cannot purport to fault the outcome and approve the process,” said Waititu.

The former county chief explains that the prosecution’s case is weak, especially after 17 documents on which they were relying as evidence were removed from the case.

Of the 17 documents, ten of them were public documents emanating from the Ethics and Anti-Corruption Commission (EACC) while the other seven were letters from the county government of Kiambu, which the commission supposedly seized from the accused.

 The magistrate rejected their production because they were photocopies. They could not be produced without being certified.

Waititu says the remaining documents after the removal of the 17 are irrelevant to the case.

“In the absence of the 17 documents, the remaining evidence is of no value at all, the evidence currently on record is incomplete and requires reinforcement in the absence of which the case must crumble,” he says.

But the Prosecution in their submissions claims their case is concrete and the accused persons should be placed on their defence.

The prosecution said from evidence tendered in court, they have established that Waititu acquired an indirect private interest by being Governor and a director of both Saika two developers' Estate and Bienvenue Hotel.

But Waititu says the prosecution has not established that the amounts (Sh 25 million) in question were disbursed to him as a direct consequence of the award of the tender to Testimony.

In respect to Testimony and its directors, the Prosecution said they were able to establish that they forged academic papers in a bid to be awarded the lucrative tender.

“The inclusion of forged degree certificates in their bid papers was meant to misrepresent a fact that the company had qualified and skilled personnel to execute the tender and that the said misrepresentation was made in order to influence a procurement process for tender roads,” said the prosecution.

But Swaka in defense said the persons whose names have been affixed on the forged documents were not called as witnesses in court.

“That assertion is nothing but hot air calculated towards painting the said accused as a skewed and corrupt entity. It is not the obligation of an employer to verify certificates,” says Swaka.

The court will deliver its ruling on September 21 on whether the accused persons will be placed on their defence.