Nairobi Anti-Corruption Court has, today, 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 Kes.588 million fraudulent tender.
Among those charged alongside the Waititus is the Director of Testimony Enterprises Limited, the company at the centre of the scandal, Charles Chege together with his wife Beth Wangeci.
Chief Magistrate Timothy Nzioki said that the prosecution had established a prima facie case against the accused persons and accordingly put them on their defence.
EACC arrested and arraigned the accused persons in July 2019 after the DPP concurred that they be charged with five (5) offences 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.
The accused will defend themselves before the court from 18th-21st March 2024 after which the Court will deliver its Judgement.
The Waititu ruling comes 2 months after the Anti-Corruption Court similarly found former Samburu Governor Moses Lenolkulal with a case to answer in a graft case involving Kes. 84.7 million.
Investigations established that Lenolkulal traded with Samburu County Government in the name of Oryx Service Station, which he owns, by supplying fuel worth over Kes. 84 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 Kes.1.9 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), 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.