NAIROBI, Kenya – Former Kiambu Governor Ferdinand Waititu and his wife, Susan Wangari, have been found guilty of fraud in connection with the irregular award of a Sh588 million road tender.
The ruling, delivered by Chief Magistrate Thomas Nzioki, also convicted directors of Testimony Enterprises, Charles Chege and Beth Wangeci, alongside other county officials.
Waititu and his co-accused faced charges of fraud, conflict of interest, abuse of office, and dealing with suspect property.
The case stemmed from allegations that tenders were fraudulently awarded to Testimony Enterprises, a company linked to the former governor’s family.
In his ruling, Magistrate Nzioki emphasized that Waititu failed to uphold governance values and safeguard public funds, highlighting evidence that the former governor received Sh25 million from Testimony Enterprises after the tender was awarded.
The prosecution, through 32 witnesses and documentary evidence, established that the money was funneled to him as a direct benefit of the contract.
“The inevitable conclusion is that Waititu is liable for conflict of interest by acquiring an indirect personal interest of Sh25 million from Testimony,” Nzioki stated.
According to the court, the funds were channeled through his company, Saika Two Developers, and his business, Bienvenue Hotel, during his tenure as governor.
The court dismissed claims of political persecution, asserting that the case was a “classic example of conflict of interest.”
Nzioki also pointed to the role of former roads official Lucas Wahinya, who was found guilty of violating procurement laws to ensure Testimony Enterprises secured the tender.
The prosecution’s case rested on the testimony of Justus Bundi, the county’s procurement boss, who stated that Wahinya disregarded concerns over the irregular tendering process.
Evidence showed that Waititu’s firm, Saika Two Estate Developers Ltd, received Sh25.6 million in kickbacks from the contractor, Testimony Enterprises, which had been awarded the lucrative deal to upgrade roads in Thika, Limuru, Gatundu North, Juja, and Ruiru sub-counties for the 2017-2018 financial year.
While the accused were convicted on multiple corruption charges, the court acquitted them of money laundering, citing insufficient evidence.
Waititu, his wife, and their co-accused now await sentencing, which will determine the penalties for their role in the multimillion-shilling scandal.