Charges Governor Waititu will face tomorrow

Kiambu Governor Ferdinand Waititu speaking recently at the county headquarters. He is to be arraigned on Monday over suspected involvement in tender and procurement irregularities. [File, Standard]

Kiambu Governor Ferdinand Waititu is expected to be arraigned tomorrow after surrendering to the Ethics and Anti-Corruption Commission officers in Nairobi on Sunday.

Waititu presented himself after the Director of Public Prosecutions Noordin Haji ordered for his arrest on Friday, July 26, 2019, on suspected involvement in irregular tendering.                 

The Kiambu County boss is expected to face three charges such as conflict of interest, dealing with a suspect property and willful failure to comply with procurement law and engaging in fraudulent procurement process and money laundering.

The DPP recommended the charges after the EACC submitted the file to him on July 9.

In a statement released on Friday, Haji confirmed that he was convinced there was sufficient evidence to prefer seven charges against the governor, his wife Susan Wangari Ndung’u, eight chief officers county staffs and business associates with among others money laundering.

He noted that there was conflict of interest contrary to the Anti-Corruption and Economic Crimes Act 2003 against the governor in respect to Sh26.6 million.

This is part of the Sh221million paid to the contractor and traced to bank accounts of companies associated with Waititu and family members.

Haji also approved the charges against the tender committee for contravening the criteria set out and instead introduced requirements in favour of the winning bidder.

The DPP noted that Eng Waihinya ignored the head of procurement’s opinion advising against awarding the tender.

 “Some annexures of the winning bidder have been disowned by purported authors,” noted the EACC on the case.

The DPP however did not recommend any charge against the governor’s daughter Monica Njeri Ndung’u, a co-director Saika Two Estate Developers Limited with the father.

According to the findings of the EACC, the tender committee engaged in willful failure to comply with the law. This resulted in the payment Sh147million to the contractor for work not no commensurate on the ground and the little done is substandard as part of the road is already worn out and full of potholes.

The contractor has so far been paid Sh221 million by the county of which Sh147 million is for the subject tender while the remainder is for the other road tenders which the county had awarded.

Waititu surrenders

The Governor surrendered to the EACC after being sought for hours by the police.

His lawyer Kipchumba Karori said the he had been “out of town since Friday evening” when news broke out he was wanted for prosecution.

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

An early Saturday morning planned raid by (EACC) detectives to arrest the suspects failed to bear fruit after the governor, his wife and the others went missing.

The detectives camped at the residences of the suspects from as early as 5.30am yesterday but left empty-handed hours later.

According to EACC Chief Executive Officer (CEO) Twalib Mbarak, his officers arrested M/S Testimony Enterprises Limited Director Charles Mbuthia Chege and two county tender evaluation committee members Joyce Ngina Musyoka and Simon Kabocho Kang’ethe yesterday morning.