How Waititu was nailed: A deep dive into the Sh588 million Scandal

Former Kiambu Governor Ferdinand Waititu.[FILE] The once-powerful political figure and former Governor of Kiambu, Ferdinand Ndungu Waititu, is now behind bars, convicted for receiving a Sh 25.6 million kickback in connection with the Sh 588 million road tender scandal. On February 13, 2025, the controversial former leader was sentenced to 12 years in prison or a fine of Sh 53.7 million after being found guilty on four counts of corruption, including conflict of interest. The sentence imposed on Waititu, who is currently serving his term at the Industrial Area Remand Prison after failing to raise the fine, has become a pivotal lesson for county leaders across the nation. His conviction and subsequent punishment have set a precedent and emphasized the serious consequences of engaging in corrupt activities months after his former Samburu counterpart Moses Lenolkulal who was sentenced to four years for corruptly pocketing more than Sh83 million from the devolved unit. Waititu who has become the second governor in the country to be convicted for corruption suffered a double blow after the High Court in a civil suit has since froze his bank accounts and assets worth Sh1.9 billion on allegations they were acquired from public coffers. His jailing is impactful given the broader context of ongoing investigations and trials involving numerous other governors facing graft allegations. Currently, the Ethics and Anti-Corruption Commission (EACC) has disclosed that over 40 former and sitting governors are entangled in corruption cases, with the alleged misappropriated funds amounting to around Sh 100 billion. High-profile figures such as former Migori Governor Okoth Obado, former Murang's Governor Mwangi wa Iria, former Busia Governor Sospeter Ojaamong, and former Nairobi Governor Evans Kidero are among those facing graft charges. These cases highlight the widespread nature of corruption in local governance and the substantial financial impact on public resources. As Waititu, his former Kiambu County Roads Chief Officer Eng. Luka Mwangi Wahinya, and their business associate Charles Mbuthia Chege, the director of the company at the center of the scandal that was paid millions of shillings, serve their sentences in prison, the example set by their convictions acts as a stern warning and a call for accountability within county leadership and among all public officers. Waititu was convicted and sentenced alongside his wife Wangari, businessman Chege, his wife Beth Wangechi, and former Kiambu County Roads Chief Officer Eng. Wahinya after the court found them guilty of the corruption scheme to defraud the county government the millions of shilling. The successful prosecution and conviction of Waititu and his co-convicts was the culmination of a rigorous investigation led by the Ethics and Anti-Corruption Commission (EACC) and strategic legal maneuvering by the Director of Public Prosecutions (DPP) who meticulously pieced together a web of deceit, fraudulent tender, and elaborate money laundering schemes. It all began when the EACC received a tip-off in March 2019 about irregularities with the awarding of a massive road construction tender by the Kiambu County Government. The tender, intended for the upgrading of several roads in Kiambu, including those in Thika, Limuru, Gatundu North, Juja, and Ruiru sub-counties to bituminous standards, was worth a staggering Sh588,198,328. The project was awarded to Testimony Enterprises Limited, a company co-owned by Charles Mbuthia Chege and his wife, Beth Wangechi Mburu, in February 2018. Intended to improve infrastructure in the fast-growing county, it instead became the epicenter of a scheme that defrauded taxpayers of millions of shillings. According to the prosecution, Waititu and Wahinya oversaw the tendering process, which violated numerous procurement laws and led to the fraudulent awarding of the contract to Testimony Enterprises, which had no experience or capacity to handle such a massive undertaking. The EACC, known for its rigorous approach to corruption cases, spearheaded the investigation to unravel the fraudulent activities during Waititu's tenure. The investigation was comprehensive, involving financial audits, forensic analysis, and extensive witness interviews. Throughout the trial, the prosecution relied on a wealth of evidence including various payment vouchers, cheques, contracts agreements, and 129 exhibits, supported by testimonies of 32 key witnesses to establish the involvement of the accused in the corrupt scheme. Among the key witnesses was Dr. Justus Kinoti Bundi, the Head of Procurement at the Kiambu County Government. His testimony was crucial he revealed how the procurement process that led to the awarding of the contract to the Testimony Enterprises was marred by a series of irregularities, shedding light on how the tender was marred by missteps, procedural violations, and potential misconduct. Bundi detailed how the road project contract was procured fraudulently and awarded to Testimony Enterprises Ltd, whose is an acquittance of Mr. Waititu and his wife Susan to the disadvantage of the other four bidders. Testimony Enterprises, as the prosecution put forth, was not qualified for the tender and had engaged in fraudulent practices during the bidding process. Bundi explained that the tender awarded to Testimony Enterprises Ltd failed to meet the required qualifications and the tender evaluation process was manipulated. He also detailed how the tender evaluation process was altered to ensure that only Testimony Enterprises' bid was accepted, despite other bids meeting the requirements. "Testimony Enterprises Limited won the tender by manipulation and procurement fraud perpetrated by Eng. Luka Mwangi Wahinya (former Roads Chief Officer) and the Tender Evaluation Committee. The inclusion of new criteria during the tender evaluation, serialization and form of tender gave Testimony Enterprises Limited undue advantage against the other four bidders," he said. He observed that Eng. Mwangi manipulated the process of procurement contrary to section 74(1)(i) of the Public Procurement and Asset Disposal Act, 2015 by omitting serialization and form of tender in the bidding process. Martin Njogu Mbugua, the County Secretary, further testified that no Cabinet Paper for the project had been presented to the County Executive Committee, confirming the irregular nature of the process. One of the most damning elements of the case was the revelation that Charles Chege, the director of Testimony Enterprises, submitted forged academic credentials to bolster his company's credibility. Key evidence revealed the firm won fraudulently tender as Mr Chege used forged academic credentials showing that his company had skilled personnel to undertake the contract. Among the testimonies was that of Kadzenya Joseph Mukale, a civil engineering professional, who discovered that his CV was falsely submitted as part of the tender documents for a multi-million-shilling road project by Testimony Enterprises. Mukale, who holds a Higher Diploma and a Bachelor of Technology Degree in Building and Civil Engineering from the Technical University of Mombasa, was shocked to find his CV and certificate attached to the bid document for Testimony Enterprises. He confirmed that he neither worked nor applied for employment at the company. Another key witness, Albert Kulumba Ngome, a clerk of works at Mama Ngina Girls in Mombasa, also had his qualifications and CV falsely included in the same bid document. Kulumba, who holds a Higher Diploma in Building and Civil Engineering from the Technical University of Mombasa, testified that he was unaware of the road construction project in Kiambu County and had never worked for Testimony Enterprises. He was also accused of further forgeries that are said to have included certificates from reputable institutions such as the University of Nairobi and Jomo Kenyatta University of Technology (JKUT). The forged degree certificates were allegedly attributed to Vincent Omondi, Paul Kandia Chumo, Evans Nganga Nthumbi, and Nelson Kungu Gituku, individuals whose qualifications were falsely presented as part of the tender documents for the Kiambu County Road project. These certificates were later confirmed to be fraudulent by Senior Assistant Registrars in Administration from the Univeristies, Evanson Mwinzi Mbuva and Esther Thaara Mworia, who stated that the academic records of the individuals in question did not match the details on the forged documents. Again the prosecution also adduced evidence showing how Testimony won the tender based on falsified documents and fake partnership agreements with a Chinese firm, China Wu Yi Company Limited to further deceive the tender evaluation committee into believing that Testimony Enterprises had the required expertise. In a similar testimony, Further evidence was provided by Luo Zicheng, Deputy General Manager of China Wu Yi Co. Ltd, who denied any business relationship with Testimony Enterprises, despite the fraudulent documents claiming a partnership between the companies. He testified that China Wu Yi Co. Ltd did not sign a subcontract with Testimony Enterprises Ltd, contrary to claims made in a letter dated March 24, 2015. Additionally, he confirmed that the completion certificate attached to the bid documents of Testimony Enterprises was not issued by their company. Another crucial element of the prosecution's case was the involvement of the Forensic Document Examiner Stephen Yego, who confirmed that the signature on the tender notification letter was that of Eng. Waihinya, the former Chief Officer of Roads and Transport in Kiambu County. Wahinya was accused of unlawfully awarding the tender to Testimony Enterprises Limited without following the proper procedures, effectively facilitating the fraudulent contract. Perhaps the most damning evidence came from the movement of funds between the company and businesses linked to Waititu and his wife, Susan. Documents presented by the prosecution revealed that Sh25 million in kickbacks were funneled into various accounts belonging to Waititu and his wife, including those of Saika Two Estate Developers and Bienvenue Delta Hotel and Lake Naivasha Resort LimitedKey witnesses, including former Kiambu County officials, businesspeople, and forensic analysts, painted a clear picture of a well-coordinated money-laundering scheme. The kickbacks totalling Sh25 million were disguised through various financial transactions involving multiple businesses linked to the former governor and his family. One of the major sources of evidence came from bank records and payment vouchers showing that money from the road tender was funnelled into businesses owned by Waititu. For instance, Sh3 million was transferred from Testimony Enterprises to Saika Two Estate Developers, a company that was owned by Waititu's family. This was followed by a series of smaller payments, all of which were designed to evade detection by banks' reporting systems. Forensic bank statements showed how the illicit payments were disguised and funneled through a maze of transactions, clearly designed to conceal the true source of the funds. Bank statements produced by Kihima Lijondo, a former senior legal officer at Equity Bank, illustrated how the kickbacks were transferred to businesses owned by the former governor. One of the most striking pieces of evidence was the series of cheques drawn in small amounts to avoid triggering bank reporting rules. Kihima presented three cheques dated October 3, 2018, made payable to Saika Two Estate Developers for amounts of Sh 772,500, Sh 824,000, and Sh900,000. Additionally, on August 12 and July 1, 2018, four cheques totaling Sh 3.92 million were issued in favor of Saika Two Estate Developers, each for Sh 978,000. On the other hand, Waititu's company, Bievenue Delta Hotel, also received various cheques, including those dated July 14, 2018, for sums of Sh 780,000 and Sh 840,000. Another cheque was issued on January 19, 2019, in favor of Bievenue Delta Hotel, amounting to Sh 642,000, followed by another for Sh752,000. "The payments were structured in such a way that the amounts remained under the radar for bank reporting," Kihima explained in his testimony. A shocking discovery was made when Rahab Mwihaki Karoki, a businesswoman and former owner of Lake Naivasha Resort, testified that Waititu had made multiple payments for the resort totalling to over Sh300 million. Waititu's connection to the resort was further revealed when she disclosed payments made by Testimony Enterprises, including Sh6 million in two separate tranches of Sh 3 million each. Mwihaki also testified that she received payments for the sale of Lake Naivasha Resort Limited in various tranches, with the first deposit made on February 22, 2018, amounting to Sh38 million, two months before the sale agreement was executed. She received a further Sh 12 million on March 10, 2018, paid by Waititu to Lake Naivasha Resort, followed by subsequent payments of Sh 14 million, Sh5 million, and Sh 31 million. According to the bank statements tendered in court by Mwihaki, by the time the sale agreement was finalized on April 28, 2018, Waititu had already made a previous payment of 300,000 for Lake Naivasha Resort, along with a deposit of Sh193.4 million made on the same date. Mwihaki testified that she was the previous owner of Delta Hotel, located on a parcel of land along University Way in Nairobi City. The property was sold by her company, Superiorfone Communications Limited, to Waititu's company, Saika Two Developers Limited, for a purchase price of Sh 380 million. To support the transaction, she tendered a sale agreement and a certified copy of the transfer agreement, dated April 28, 2018. She identified Waititu and his daughter, Monica Njeri Ndungu, as the representatives of the purchaser, Saika Two Estate Developers, who executed the sale agreement. Another important witness, Alex Kinyanjui, a digital forensic analyst, revealed that Sh 240 million had been transferred from Kiambu County to Testimony Enterprises Ltd, providing clear evidence of the scale of the financial misappropriations. The payments were made in multiple instalments, with the largest single payment amounting to Sh 22 million. After five years of lengthy trial, the court finally delivered its verdict. Magistrate Thomas Nzyoki, who presided over the case, found that Waititu, his wife, and others involved in the scheme had used their positions to enrich themselves at the expense of public development. "The tender had been a golden opportunity for Waititu, his wife, and co-convicts to enrich themselves," Nzyoki said, noting that the Sh25.6 million was traced to Lake Naivasha Resort, which is co-owned by the former governor and his wife. Waititu's conviction on charges of conflict of interest and dealing with suspect property, his wife Wangari was convicted for her role in facilitating these illicit transactions. Eng. Luka Mwangi Wahinya was found guilty of abuse of office, while Chege and his wife Beth were convicted for their involvement in fraudulent practices related to the tender. While convicting the former governor, the magistrate noted that Waititu failed to honor the oath of office and to safeguard public funds. He also dismissed Waititu's defense that the case was a political witch-hunt by the previous Jubilee administration over his political relationship with President William Ruto. While Waititu and his wife attempted to justify these payments as legitimate business transactions for services such as hotel accommodations and petroleum supply, the court deemed their defense self-incriminating. Magistrate Nzyoki emphasized that the defense presented by Waititu and his wife lacked credibility, pointing to their own admissions of trading with Testimony Enterprises and receiving suspicious payments. "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 continued, "the defences raised by Mr. Waititu, his wife, and Mr. Chege fails to account for the cheques and funds transfer disbursements made by Testimony Enterprises Limited." In his sentence ruling, Magistrate Nzyoki emphasized the importance of the sentence in deterring other public officials from engaging in similar corrupt practices. "The sentence is intended to protect the community from the loss occasioned by the convicts' fraudulent actions," he said. Wahinya was fined Sh21 million or face seven years in prison for the abuse of office related to awarding the tender to an unqualified contractor. Chege was fined Sh295 million or face nine years in prison for the fraudulent acquisition of Sh147 million in public funds and fraudulent practices in procurement. Wangechi, his wife, was fined Sh1.4 million or face two years in prison for the same offenses.

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