The Director of Public Prosecutions (DPP) has filed its final submission in the graft case against former Kiambu Governor Ferdinand Waititu, his wife and three others.
DPP find it that it has proven the case beyond reasonable doubt that warrant conviction of those charged in the graft case.
“The Director of Public Prosecutions (DPP) has filed final submissions in a graft case former Kiambu Governor Ferdinand Waititu alias Babayao, his wife Susan Wangari Ndungu, and three others.
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Waititu, his wife, and former Kiambu Transport Chief Officer Luka Mwangi Wahinya alongside Charles Chege Mbuthia, Beth Wangeci Mburu, Testimony Enterprises Limited, Saika Two Estate Developers Limited, and Bienvenue Delta Hotel are charged in the relation to the irregular awarding of Ksh. 588 million road tenders in Kiambu County in February 2018.
In the submission dated 5th November 2024, the DPP urged the court to find that it had proven the charges against the accused persons and the three companies beyond reasonable doubt, warranting a conviction.
The DPP further told court that Luka Mwangi Wahinya, on 16th March 2018, while serving as Transport Chief Officer, improperly awarded a tender for the upgrading of various roads within Kiambu County to Bituminous Standard.
The tender, valued at Ksh. 588,198,328, was awarded to Testimony Enterprises Limited, a company that had been irregularly procured. Prosecution called 32 witnesses and presented 129 exhibits to prove its case.
In September 2023, the trial court, led by Chief Magistrate Thomas Nzioka, ruled that the DPP, represented by Vincent Monda, Senior Assistant Director of Public Prosecutions, had established a prima facie case against the accused persons and placed them on their defence.
Waititu and his co-accused face separate charges of Conflict of Interest, Dealing with Suspect Property, Abuse of Office, Engaging in Fraudulent Practices in Procurement, Fraudulent Acquisition of Public Property, and Money Laundering.
The DPP submitted that Waititu served as Kiambu County Governor from 2017 until his impeachment in January 2020. During this period, the politician is reported to have acquired an indirect private interest, receiving Ksh. 25,624,500 in payments made to Testimony Enterprises Limited.
Prosecution also submitted that the evidence presented, both from witnesses and documentary sources, has established a clear connection between the accused persons and the offences they face.
The case was prosecuted by Monda, plus Principal Prosecution Counsels Linda Mwamburi and Faith Mwila, alongside Prosecution Counsel Delroy Mwasaru. Chief Magistrate Thomas Nzyioka has directed that the case be mentioned on 11th February 2025 to fix a judgment date.” said ODPP
