Governor Waititu, his wife Susan charged over Sh588m tender scam, deny charges

Kiambu Governor Ferdinand Waititu and his wife Susan Wangari arrive at the Milimani Law Court to face graft charges.

Kiambu Governor Ferdinand Waititu and his wife Susan Wangari have denied six counts of Sh588 million irregular procurement of a tender awarded to a company in the county.

Waititu and his co-accused appeared before Chief Magistrate Lawrence Mugambi on Monday to answer to corruption charges.

The governor, his wife Susan were arrested on Sunday after surrendering themselves to EACC detectives over allegations of tender irregularities for upgrading of roads worth Sh588m and embezzlement of public funds. The couple spent a night in police custody.

Defence lawyer Tom Ojienda argued in court that Susan Waititu is localised, that her passport got lost hence she is not a flight risk.

Ojienda noted that Mrs Waititu has shown that she can be trusted to obey the court summons whenever issued.

“Mrs Susan Ndung’u does not possess a passport. Her passport was lost and just in case the court in the exercise of discretion imposes any conditions, just to caution. She does not have any travel documents. She does not travel,” he said.  

The accused are currently before the Anti-Corruption Court at Milimani as they await court’s ruling on their bail applications.

The two are facing 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.

Others also 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 as of Sunday and that they were expected to surrender.

On Sunday, Governor Waititu arrived in one car in the company of his lawyer, was being held in a cell inside the building while other suspects were 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.

The Director of Public Prosecution (DPP) Noordin Haji on Friday ordered for 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.

DPP Haji had 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.