Waititu’s day in court after surrendering to EACC

Kiambu Governor Ferdinand Waititu (pictured) will today be arraigned following his arrest after he surrendered to anti-graft officials yesterday.

Ethics and Anti-Corruption Commission (EACC) CEO Twalib Mbarak said Waititu, his wife Susan Ndung’u, Kiambu chief roads officer Lucas Wahinya and two other suspects were held after they presented themselves at the commission’s Integrity Centre offices.

“I can confirm that today (yesterday) the governor surrendered in the morning. The others in our custody include the director of M/s Testimony Enterprises Ltd Beth Wangeci and one member of the tender evaluation committee,” Mr Mbarak said.

The Kiambu Governor will be fighting to remain in office following last week’s High Court Judge Mumbi Ngugi’s ruling that governors charged with economic crimes vacate office for the duration of the trial.

She was ruling in an application by Samburu Governor Moses Lenolkulal who wanted his bail term reviewed after the trial court barred him from accessing his office. She termed scetion 62(6) of the Anti-Corruption and Economics Crimes Act protecting State officers from stepping aside while under prosecution unconstitutional.

Justice Mumbi’s ruling goes against another High Court ruling in February 2013 that cleared Kenya’s High Court on Friday cleared Uhuru Kenyatta and William Ruto to run in the presidential election, despite of the charges of crimes against humanity.

High Court Judge, Mbogholi Msagha, said it did not have jurisdiction over the petitions filed by various legal and rights groups. Msagha said he could not deny Kenyatta and Ruto their right to contest the poll because they had not been convicted. “They are presumed innocent until proved otherwise,” he said.

 Yesterday, governor Waititu arrived in one car in the company of his lawyer, was being held in a cell inside the building while other suspects are being detained at Kilimani Police Station. Waititu’s lawyer, Kipchumba Karori, said his client had been ‘out of town’ since Friday evening when news of his pending arrest broke.

“He arrived last evening (Saturday) and he has presented himself to the authorities. There was confusion,” Mr Karori said.

Director of Public Prosecution (DPP) Noordin Haji allowed the arrest of Waititu and his wife for allegedly receiving Sh51.2 million that investigators claim to be the proceeds of a tender worth Sh588 million awarded irregularly to M/s Testimony Enterprises Ltd.

Evaluated contract

Also expected to be charged are five members of the tender committee who evaluated the contract in question. They are Zacharia Njenga Mbugua, Joyce Ngina Musyoka, Simon Kabocho Kang’ethe, Anselm Gachukia Wanjiku and Samuel Muigai Mugo. EACC officials said four others were still being sought by yesterday, adding that they expected them to surrender.

Waititu and his wife are expected to face three charges of conflict of interest and two of dealing with suspect property.

The first conflict of interest charge is in respect to Sh25 million allegedly paid to firms associated with the governor, while the first charge on dealing with suspect property involves Sh18.4 million spent in the acquisition of Saika Two Estate Developers Ltd.

The governor and his wife are likely to face separate charges of dealing with suspect property in relation with their acquisition of Bienvenue Delta Hotel.

The county boss and his wife, Susan, are directors of Bieneveu Delta Hotel Ltd while Susan and their daughter, Monica Njeri Ndung’u, are directors of Saika Two Estate Developers Ltd.

Both companies are also being investigated.

Haji, however, exonerated Waititu’s daughter saying that she had no case to answer.

“We find that she was a sleeping director and not active in the affairs of the company. Her explanation is reasonable.”

Mr Haji also approved charges against M/s Testimony Enterprises Ltd directors Wangeci and her husband Charles Mbuthia Chege. The couple, who are close associates of Waititu, are reported to have fraudulently acquired public property and engaged in money laundering.

The suspects face abuse of office charges over a tender worth Sh588 million, and the fraudulent acquisition of Sh221 million public property.

The inquiries are connected to the award of a tender to M/S Testimony Enterprises Ltd for the upgrading of various gravel roads to bituminous surface in Kiambu County.

The company was awarded the contract by the county government to provide services and supply goods by way of a request for proposal.

“A total of Sh74.2 million has so far been paid to the contractor. The company has therefore been paid Sh221.4 million, inclusive of Sh147 million,” Haji says.