Ability to assemble 32 witnesses and put together 129 pieces of documentary evidence enabled the Director of Public Prosecutions (ODPP) to pin down former Kiambu County Governor Ferdinand Waititu and his wife Susan Wangari, leading to their conviction over the Sh588 million road construction tender.

Laying down the judgment Chief Magistrate Thomas Nzyoki said the DPP had adduced adequate evidence to prove that Waititu and his wife had conspired to defraud the Kiambu County Government.

Besides Waituti and his wife, Nzyoki also found businessman Charles Mbuthia Chege, wife Beth Wangechi and former Kiambu County Roads Chief Officer Eng Luka Mwangi Wahinya is guilty of conspiring to defraud the county government.

Withdrawal of cases
“I am convinced beyond any reasonable doubt that the prosecution has proved the charges against the accused person,” the magistrate ruled.

It becomes the first high profile corruption related case DPP Renson Ingonga, whose tenure has been marred by withdrawal of corruption cases, has won since he was appointed to the office almost two years ago.

Most of the cases have been withdrawn on grounds of insufficient evidence and unwillingness of witnesses to testify.

The accused persons were found guilty of graft charges revolving around a tender awarded to Testimony Enterprises Ltd. in February 2018, a company linked to the accused individuals, for road works across several sub-counties in Kiambu.

Testimony Enterprises Ltd. had won the Sh588,198,328 tender, which was supposed to enhance the infrastructure in Kiambu County. Waititu and his wife have been found guilty of conflict of interest and dealing with suspect property.

They were however acquitted of the charges of Money laundering after the court found they were oppressive.

Their co-accused person Wahinya was convicted of the charge of abuse of office while Chege and his wife Wangechi were found guilty of charges of fraudulent acquisition of public property.

However, the court found that the tender process was manipulated to ensure Testimony Enterprises, a company with no legitimate qualifications to handle such a large-scale contract, was awarded the project.

Various companies
The Prosecution evidence presented in court showed that Waititu received Sh25.6 million from Testimony Enterprises via various companies connected to him, including Saika Two Estate Developers, Bienvenue Delta Hotel Ltd., and Lake Naivasha Resort Ltd. Despite attempts by the defense to argue these transactions were legitimate business dealings, the court ruled otherwise, pointing out that the payments were part of a fraudulent scheme.

Nzyoki dismissed Waititu’s defense that the case was politically motivated.

“Their defense 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, and petroleum products and offering conference and catering services,” said the magistrate.

He noted that the evidence provided, including testimonies from 32 witnesses and 129 pieces of documentary evidence, solidly proved the charges against the accused. The court revealed that the procurement process for the road tender was altered to favour Testimony Enterprises.

Key figures, including Eng. Luka Mwangi Wahinya, played pivotal roles in rigging the tender evaluation.

It was also revealed that the director of Testimony Enterprises, Charles Chege, had submitted forged academic credentials, falsely claiming his company had the necessary expertise to carry out the project. The court ruled that the contract awarded to Testimony Enterprises was null and void due to the fraudulent nature of the procurement process.

In her submission, state prosecutor Faith Mwila urged the court to impose a harsh sentence, highlighting the detrimental effects of corruption on the people of Kiambu County and the country at large.

“The 1st accused (Waititu) was the sitting governor at the time, and the 3rd accused (Chege) was a senior government official with responsibility for overseeing public works,” the prosecutor added. “These were positions of great public trust, which they violated by engaging in corrupt practices.”

She emphasized that the corruption had cost the county over Sh147 million, money that could have been used to improve the lives of residents in Kiambu.

“The scale of the fraud was massive, and the actions of these individuals have had a devastating impact on public trust and governance,” Mwila said.

“The sentence must reflect the seriousness of the crime and serve as a deterrent.”

In response, defense lawyers led by John Swaka for the accused are seeking a more lenient sentence, emphasizing that all the accused are first-time offenders who have shown remorse for their actions.

They argued that while the charges were serious, the lack of previous criminal records should be taken into account.

“We ask the court to consider the personal and professional impact of this case on my clients,” said Waititu’s lawyer in mitigation.

Swaka also pointed to the hardships his family has faced since the arrest and subsequent investigations, claiming that personal effects were seized, leading to a huge disruption in their lives.

Similarly, Chege’s legal team emphasized the damage caused to his business, Testimony Enterprises, which was once a thriving venture but now finds itself embroiled in the scandal. The defense teams, however, sought leniency, arguing that the accused were first-time offenders who had shown remorse.

They also pointed to the personal toll the case had taken on the families of the accused, who had already suffered significant emotional and financial hardships.

Both Chege and his wife, Wangechi, are accused of participating in the submission of forged documents that led to the award of the fraudulent tender.

However, Chege’s lawyer argued that his wife’s involvement was minimal, merely signing documents, and suggested that her actions were not driven by corruption but rather by negligence.

For the defense teams representing Waititu and his wife, and Chege and his wife, the argument for a lenient sentence stems from their role as parents and sole providers for their families. With children and dependents reliant on their support, they urge the court to consider non-custodial options such as probation or fines.

Defence counsel for Eng Wahinya echoed similar sentiments, arguing that the former Roads Chief Officer had been a family man and an engineer with no prior criminal history. His lawyer called for a rehabilitative sentence rather than a punitive one, stressing that a custodial sentence could disrupt his career and his family’s stability. Waititu, his wife, and co-accused were detained in custody pending sentencing this morning at 10:30 am.