How evidence from 32 witnesses helped Prosecution nail Waititu

Ability to assemble 32 witnesses and put together 129 pieces of documentary evidence enabled the Director of Public Prosecutions to pin down former Kiambu County Governor Ferdinand Waititu and his wife Susan Wangari, leading to their conviction over the KSh588 million road construction tender.
Laying down the judgment Chief Magistrate Thomas Nzyoki said the DPP had adduced adequate evidence to prove that Waititu and his wife had conspired to defraud the Kiambu County Government.
Besides Waituti and his wife, Nzyoki also found businessman Charles Mbuthia Chege, wife Beth Wangechi and former Kiambu County Roads Chief Officer Eng Luka Mwangi Wahinya is guilty of conspiring to defraud the county government.
“I am convinced beyond any reasonable doubt that the prosecution has proved the charges against the accused person,” the magistrate ruled.
It becomes the first high profile corruption related case DPP Renson Ingonga, whose tenure has been marred by withdrawal of corruption cases, has won since he was appointed to the office almost two years ago.
Most of the cases have been withdrawn on grounds of insufficient evidence and unwillingness of witnesses to testify.
The accused persons were found guilty of graft charges revolving around a tender awarded to Testimony Enterprises Ltd. in February 2018, a company linked to the accused individuals, for road works across several sub-counties in Kiambu.
Testimony Enterprises Ltd. had won the KSh588,198,328 tender, which was supposed to enhance the infrastructure in Kiambu County. Waititu and his wife have been found guilty of conflict of interest and dealing with suspect property.
They were however acquitted of the charges of Money laundering after the court found they were oppressive.
Their co-accused person Wahinya was convicted of the charge of abuse of office while Chege and his wife Wangechi were found guilty of charges of fraudulent acquisition of public property.
However, the court found that the tender process was manipulated to ensure Testimony Enterprises, a company with no legitimate qualifications to handle such a large-scale contract, was awarded the project.
The Prosecution evidence presented in court showed that Waititu received KSh25.6 million from Testimony Enterprises via various companies connected to him, including Saika Two Estate Developers, Bienvenue Delta Hotel Ltd., and Lake Naivasha Resort Ltd. Despite attempts by the defense to argue these transactions were legitimate business dealings, the court ruled otherwise, pointing out that the payments were part of a fraudulent scheme.
Nzyoki dismissed Waititu’s defense that the case was politically motivated.
“Their defense is self-incriminating and bears admissions that Bienvenue Delta Hotel a business name owned by the governor and his wife was directly trading with Testimony Enterprises Limited by supplying oil, and petroleum products and offering conference and catering services,” said the magistrate.
leniency, arguing that the accused were first-time offenders who had shown remorse.
They also pointed to the personal toll the case had taken on the families of the accused, who had already suffered significant emotional and financial hardships.
Both Chege and his wife, Wangechi, are accused of participating in the submission of forged documents that led to the award of the fraudulent tender.
However, Chege’s lawyer argued that his wife’s involvement was minimal, merely signing documents, and suggested that her actions were not driven by corruption but rather by negligence.
For the defense teams representing Waititu and his wife, and Chege and his wife, the argument for a lenient sentence stems from their role as parents and sole providers for their families. With children and dependents reliant on their support, they urge the court to consider non-custodial options such as probation or fines.
Defence counsel for Eng Wahinya echoed similar sentiments, arguing that the former Roads Chief Officer had been a family man and an engineer with no prior criminal history. His lawyer called for a rehabilitative sentence rather than a punitive one, stressing that a custodial sentence could disrupt his career and his family’s stability. Waititu, his wife, and co-accused were detained in custody pending sentencing this morning at 10:30 am.