Former Kiambu Governor Ferdinand Waititu and his wife, Susan Wangari, have been found guilty of corruption in a Ksh588 million graft case that has been ongoing for five years.
The couple spent Wednesday night in custody ahead of their sentencing later today,(Thursday, February 13).
On Wednesday, the Milimani Anti-Corruption Court convicted the couple alongside businessman Charles Chege, his wife Beth Wangechi, and former Kiambu County Roads Chief Officer Engineer Luka Mwangi.
Chief Magistrate Thomas Nzioki ruled that the accused were guilty of fraud, abuse of office, conflict of interest and dealing with suspect property after corruptly receiving millions from Kiambu County through a fraudulent road tender.
Fraudulent Tender and Misuse of Office
The court declared the Ksh588 million tender awarded to Testimony Enterprises Limited fraudulent, noting that the company lacked the capacity to execute the project.
“I have no doubt in my mind that the contract is a fraud. It is a mockery of the law,” Magistrate Nzioki stated.
Waititu was found guilty of conflict of interest for illegally acquiring over Ksh25.6 million from Testimony Enterprises Limited. The court established that he funneled the money through his company while serving as governor.
“The inevitable conclusion is that the first accused person is liable in count number one for conflict of interest by acquiring an indirect personal interest amounting to Ksh25 million,” Nzioki ruled.
However, the magistrate acquitted Waititu and his co-accused of three counts related to money laundering.
Court Rejects Political Witch-Hunt Claim
Waititu’s defense team argued that the charges were politically motivated, but the court dismissed the claims.
“Numbers and figures don’t lie,” Nzioki said, emphasizing that testimony from 32 witnesses, along with documentary evidence, proved that Waititu personally benefited from the fraudulent tender.
“Waititu failed the oath of office and to safeguard public funds,” the magistrate added.
The former governor committed the offense between July 13, 2018, and March 13, 2019, during which time his company received payments from the Kiambu County government.
Additional Corruption Charges
Waititu was also convicted of dealing with suspect property in violation of the Anti-Corruption and Economic Crimes Act (ACECA). This charge stemmed from Ksh12,410,500 that Kiambu County paid to his company, Saika Two Estate Development Limited, despite his knowledge that the funds were acquired through corrupt means.
The money was deposited into the company’s account between July 2, 2018, and March 4, 2019.
Engineer Luka Mwangi’s Role in the Scam
The court identified Engineer Luka Mwangi as the primary culprit behind the fraudulent tender process. He was found guilty of altering the tender evaluation process by removing key criteria, violating the Constitution, and unfairly disadvantaging four other bidders.
Mwangi played a central role in ensuring the tender was awarded to Testimony Enterprises Limited, an unqualified firm whose director—the fourth accused—was a known associate of Waititu.
Waititu and his co-accused now face potential hefty fines and possible jail terms.
