Shocker for governors as second ex-county boss is felled by graft

DPP Renson Ingonga delivered a decisive blow to Ferdinand Waititu’s political career when he successfully prosecuted the former Kiambu governor for corruption.

The conviction has sent shockwaves through the political elite, marking a stark reminder of the dire consequences of graft in the counties.

On Tuesday, Waititu was found guilty of the fraudulent award of Sh588 million in road contracts.

The verdict comes just six months after another former county leader, Moses Lenolkulal of Samburu, was convicted of similar charges.

Together, they represent a growing trend of accountability in a system long plagued by corruption.

Waititu was convicted alongside his wife, Susan Wangari, and the directors of Testimony Enterprises, Charles Chege and Beth Wangeci.

This ruling not only devastates Waititu’s political aspirations but also bars him from ever holding public office again.

Once a towering figure in Kiambu politics, Waititu, affectionately known as Baba Yao, had only recently taken leadership of the Farmers Party, a position that now seems precarious at best.

The court’s decision delivers a double blow to Waititu, who was impeached as Kiambu governor five years ago.

His conviction follows a pattern of high-profile corruption cases that have shaken the foundations of Kenya’s political framework.

The Ethics and Anti-Corruption Commission has indicated that over 20 counties are currently under investigation for corruption, signaling a broader crackdown on graft.

As the sentencing approaches, the prosecution made a heartfelt plea for a punishment reflective of the gravity of Waititu’s crimes.

“Corruption is a cancer that is suffocating this nation,” the prosecutor said, emphasising the detrimental effects of graft on Kenya’s economic prospects.

The court was urged to consider the far-reaching implications of corrupt practices, which strangle economic growth and deter investment.

Waititu and his co-accused faced multiple charges including fraud, conflict of interest and dealing with suspect property.

The prosecution laid out a compelling case, detailing how Waititu and his wife received Sh51 million from Kiambu county through companies they controlled, namely Saika Two Estate Developers and Benvenue Delta Hotel.

The ruling serves as a poignant reminder of the consequences of corruption, with the magistrate stating, “This is a classic example of conflict of interest,” effectively dismantling Waititu’s claims of political witch-hunt.

The defense’s arguments were deemed self-incriminating, revealing a web of deceit involving multiple businesses linked to the governor.

Furthermore, the court scrutinised the role of Lucas Wahinya, a former roads official, who was found guilty of neglecting procurement laws that led to the irregular awarding of the road tender.

His actions exemplified the systemic failures that enabled corruption to thrive.

As the court prepares for sentencing, the ramifications of this case extend beyond Waititu and his co-accused.

It sends a chilling warning to current and former governors, many of whom are already facing scrutiny from anti-graft agencies.

The growing list of political figures facing corruption charges, including former Nairobi Governors Mike Sonko and Evans Kidero, underscores the urgent need for reform.

Waititu, his wife, directors of Testimony Enterprises Charles Chege and Beth Wangeci, Lucas Wahinya and others were arraigned on July 29, 2019.

The first count against Waititu was conflict of interest.

The particulars of the offence were that between July 2, 2018, and March 13, 2019 in Kiambu county, Waititu knowingly acquired an indirect private interest of Sh25,624,500 in respect of payments made to Testimony Enterprises for contracts awarded to the company by the Kiambu government.

In the second count, Waititu faced a charge of dealing with suspect property.

It was alleged that between July 2, 2018 and March 13, 2019, in Nairobi, Waititu and Saika Two Estate Developers received Sh18,410,500 from Testimony Enterprises, the money having been acquired from the Kiambu government through corrupt conduct.

The third count was against Waititu and his wife Wangari trading as Bienvenne Delta Hotel for dealing with suspect property.

The two were alleged to have received Sh7,214,000 from Testimony Enterprises, while having reason to believe the amount was acquired from the Kiambu government through corrupt conduct.

The prosecution having called 32 witnesses, the court found Waititu guilty of conflict of interest and dealing with suspect property.

The directors of Testimony Enterprises, who were awarded the tender, and former roads official Lucas Wahinya were also found guilty.

Chief magistrate Thomas Nzyuki said the prosecution proved Waititu failed to adhere to 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 Sh25 million was disbursed to him as a direct consequence of the award of the irregular ender to Testimony.

“The inevitable conclusion is that Waititu is liable for conflict of interest by acquiring an indirect personal interest of Sh25 million from Testimony,” the magistrate said.

The money was channeled through his company, Saika Two Developers, and Bienvenue Hotel during his tenure as the governor of Kiambu.

“This is a classic example of conflict of interest and debunks the much-hyped theory of political witch-hunt as claimed by Waititu,” Nzyuki said.

The magistrate ruled that the defence of the governor, his wife and the director of Testimony Enterprises lacked credibility.

“Their defence is self-incriminating and bears admissions that Bienvenue Delta Hotel, a business name owned by the governor and his wife, was directly trading with Testimony Enterprises Limited by supplying oil, petroleum products and offering conference and catering services,” the court found.

The court also said former roads official Wahinya was guilty of disregarding every rule in the procurement law.

Wahinya was at the centre of the flawed procurement process leading to the award of the road project tender to an unqualified firm.

“Nothing seemed to stop him from securing the award of the tender to Testimony Enterprises, whose directors were acquittances of the governor,” the magistrate said.

Nzyuki took into consideration the evidence of Justus Bundi, the county’s procurement boss, who said Wahinya disregarded his opinion on various gaps that needed to be addressed before awarding the tender.

In his professional opinion, Bundi took issue with the tender after the evaluation committee introduced new criteria for bidders to qualify for the job.

He said serialisation of tender documents changed the outcome of the bid.

“Due process was not followed in the award of a Sh588 million roads tender,” Bundi said during hearing.

The new criteria, he said, was to the disadvantage of some bidders.

“Bidders were evaluated on new criteria they were not aware of. The serialisation of the documents was a disadvantage to other bids. The outcome would have been different if re-evaluation had been done.”

He recommended re-evaluation of the tender but this was not done as Wahinya disregarded his professional opinion on the award of the tender to Testimony.

The court also took into consideration the evidence of a Chinese construction company that testified their letterhead was forged by Testimony for the award of the roads tender.

The convicts now await to be sentenced even as they were acquitted on charges of money laundering.