Ex-Kiambu Governor Waititu found guilty of conflict of interest in Ksh.588M graft case

The court ruled that Waititu illegally obtained an indirect personal interest in over Ksh. 25,624,500 from Testimony Enterprises Limited, funnelling the funds through his company and business name while serving as governor.

Waititu was charged along with his wife, Susan Wangari, and the directors of Testimony Enterprises Limited, Charles Chege and Beth Wangeci.  

The court convicted them on graft-related charges but acquitted them on three counts of money laundering.

Magistrate Thomas Nziyoki issued the ruling, dismissing Waititu's defence of a political witch-hunt, stating that "numbers and figures do not lie." 

He described the case as a textbook example of conflict of interest, citing the prosecution's "sound and overwhelming" evidence. 

The court cited the movement of funds in Equity Bank accounts linked to the former governor and his wife as evidence supporting the charges against them.

The court also declared the tender fraudulent, noting that it lacked the required documentation and that Testimony Enterprises Limited lacked the capacity to complete the road project. 

"I have no doubt in my mind that the contract is a fraud... It is a mockery of the law," Magistrate Nziyoki stated.

The ruling further implicated Engineer Luka, who was identified as the key orchestrator behind the scheme. 

He was found to have manipulated the tender evaluation process by unlawfully removing key criteria, violating the Constitution and unfairly disadvantaging four other bidders.

The court noted that Luka played a crucial role in ensuring the tender was awarded to Testimony Enterprises Limited, despite the company’s lack of qualifications. 

The firm's director, the fourth accused in the case, was found to be an acquaintance of the former governor.

Additionally, the court established sufficient evidence to support the charge of unlawful acquisition of public property against Testimony Enterprises Limited and its directors, further exposing their involvement in the fraudulent scheme