Former Kiambu Governor Ferdinand Waititu has been sentenced to 12 years in prison or pay a Ksh53,749,000 million fine after being found guilty of corruption-related charges.

Waititu’s wife, Susan Wangari, was also convicted in the graft case and was handed a one-year jail term or an alternative fine of Ksh500,000.

The former governor was found guilty in four out of seven counts in a case involving the irregular award of a Ksh588, 198,328 road tender during his tenure.

In the first count, Waititu was found guilty of conflict of interest contrary to section 42(3) as read with section 48 of the Anti-Corruption and Economic Crime Act 2003 for monies he received between July 2, 2018, and March 13, 201,9 while he was the Kiambu governor.

According to Chief Magistrate Thomas Nzioki who delivered the sentence at the Anti-Corruption court in Milimani, Waititu received Ksh25,624,500 from Testimony Enterprises Limited for contracts awarded to the said company by the County government of Kiambu.

In this count, Nzioki ordered Waititu to pay double the received amount, which translates to Ksh51,249,000 plus an additional Ksh1 million fine or serve seven years in prison.

In the second count, the former governor was found guilty of dealing with suspect property contrary to section 47(1) as read with section 47(2)(a) and 48 of the Anti-Corruption and Economic Crimes Act, Act No. 3 of 2003 by fraudulently receiving money through his company known as Saika Two Estate Developers Limited.

“Between July 2, 2018 and March 3, 2019, in Nairobi, being the Director of Saika Two Estate Developers Limited received Ksh.12,410,500 from Testimony Enterprises Limited while having reason to believe that the said amount was acquired from Kiambu County government through corrupt conduct,” Count Two read.

In this count, Waititu was fined Ksh500,000 or served a one-year imprisonment.

In the third count, Waititu was found guilty of dealing with suspect property where between August 27, 2018 and September 27, 2018, he caused Testimony Enterprises Limited to pay Lake Naivasha Resort Limited Ksh6,000,000 for partial payment of a parcel of land where Delta Hotel is built.

The land was bought from Superiorfone Communications Limited while having reason to believe that the said amount was acquired from the Kiambu County government through corrupt conduct.

The sentence for this count was to pay a fine of Ksh500,000 or serve one year in prison.

In the final count, he was charged alongside his wife Susan Wangari for dealing with suspect property between October 31, 2018 and January 3, 2019, being proprietors of Bienvenue Delta Hotel. They jointly received Ksh7,214,000 from Testimony Enterprises Limited while having reason to believe the said amount was from the Kiambu County government through corrupt conduct.

Nzioki ruled that Waititu should pay a fine of Ksh500,000 or serve 12 months in prison and his wife Susan Wangari to also pay Ksh500, 000 fine or serve 12 months in jail as well.

All the jail terms are to be served consecutively if the convicts fail to pay the fines. This means Waititu risks serving 12 years in prison.

“It’s an order by this court that sentences in all the counts shall run consecutively,” Nzioki clarified.

However, Magistrate Nzioki acquitted Waititu and his wife of all the money laundering charges which were counts; 10, 11 and 12.

Others found guilty in the case include Testimony Enterprises Limited directors Charles Mbuthia Chege and Beth Wangeci, as well as former Kiambu County Roads official Lucas Wahinya.

Chege was ordered to pay Ksh294, 548, 110 which is the double amount paid to him or serve a seven-year jail term.

“The Ksh294, 548, 110 sum is well calculated and equal two times the benefits derived from that county in default 7 years under the mandatory fine,” Magistrate Nzioki read.

On top of that, Mbuthia was told to pay an extra Ksh2,000,000 or go to jail for four years while his co-director Wangeci was to pay a total sum of Ksh1,400,000 or serve three years in jail.

Lucas, who was employed at the Kiambu County government as the Chief Officer – Road, Transport, Public Works and Utilities was found to have fraudulently awarded tender worth Ksh588,198,328 to Testimony Enterprises Limited, a firm that was irregularly procured, for upgrading of various roads within the county.

He was ordered to pay a mandatory fine of Ksh20 million failure to which he is to serve five years in jail.

“You shall pay a mandatory fine in the some of Ksh20 million in default you get five years imprisonment,” magistrate Nzioki read.

Waititu becomes one of the highest-ranking former government officials