Nairobi Anti-Corruption Court ruled that former Kiambu Governor Ferdinand Waititu Baba Yao and his wife Susan Wangari Ndung’u have a case to answer in relation to a Ksh588 million fraudulent tender.
In a ruling delivered on Thursday, September 21, the court noted that the two were implicated in the tender fraud during Waititu’s reign as Kiambu County boss.
Among those charged alongside the Waititus is the Director of Testimony Enterprises Limited, the company at the center of the scandal, Charles Chege together with his wife Beth Wangeci.
Chief Magistrate Timothy Nzioki stated that the prosecution had established a prima facie case against the accused persons and accordingly put them on their defense.
Ethics and Anti-Corruption Commission apprehended and arraigned the accused persons in July 2019 after the DPP concurred that they be charged with five (5) offenses namely conflict of Interest, dealing with suspect property, abuse of office, money laundering, engaging in fraudulent procurement practice and willful failure to comply with procurement laws and regulations.
Following the court’s direction, Waititu, his wife, and other accused persons will start defending themselves from 18- 21 March 2024.
The Waititu ruling comes two months after the Anti-Corruption Court similarly found former Samburu Governor Moses Lenolkulal with a case to answer in a graft case involving Ksh84.7 million.
Investigations established that Lenolkulal traded with the Samburu County Government in the name of Oryx Service Station, which he owns, by supplying fuel worth over Ksh84 Million.
He was charged with abuse of office, conflict of interest, and unlawful acquisition of public property.
Besides the criminal cases facing the two, EACC has active civil suits in court seeking recovery of suspected stolen public funds from both Waititu and Lenolkulal.
The High Court has since issued orders freezing Waititu’s unexplained wealth valued at Ksh1.9 billion.
Other former and sitting Governors with active graft cases in court include Daniel Waithaka (Nyandarua), Okoth Obado (Migori), Evans Kidero (Nairobi), Mike Mbuvi Sonko (Nairobi), Sospeter Ojaamong (Busia) and Governor Mwangi Wa Iria (Murang’a) and Onesmus Muthomi Njuki (Tharaka Nithi). Relatedly, 21 others are under active investigations for alleged theft of billions of public funds while files involving 4 are under consideration by ODPP.
