Waititu case: Unapproved Sh221m paid to contractor

Former Kiambu Governor Ferdinard Waititu at the Milimani Law Courts Nairobi on June 29, 2022 during the hearing of a case in which he is charged alongside others with Ksh588 million irregular road construction tender.

Photo credit: Dennis Onsongo I Nation Media Group

Some of the payments made by Kiambu County government to a road construction company that is under prosecution for fraud, had not been approved by the devolved unit’s officials, a forensic expert told court yesterday.

Mr Alex Kinyanjui, from the anti-corruption watchdog, said the company, Testimony Enterprises Ltd, was paid a total of Sh221.4 million through bank in nine transactions.

Giving evidence before Chief Magistrate Thomas Nzioki at the anti-corruption court in Milimani, the expert said the money was paid based on 42 invoices.

Asked by the defence lawyer to confirm the payments had been approved by the county government officials, the prosecution witness said some of the invoices used to pay the contractor did not have information indicating that the payments had been approved. He produced documentary evidence to confirm the payments.

Mr Kinyanjui told court that he retrieved the information from the government’s Integrated Financial Management Information System (Ifmis) at the National Treasury.

He said he had been asked by the Ethics and Anti-Corruption Commission (EACC) to analyse information on payments made by the Kiambu County Government to Testimony Enterprises Ltd.

“From the Ifmis system, some invoices did not have approval information but others had,” said Mr Kinyanjui upon being asked by the defence lawyer whether all the invoices had been approved by the county government officials.

He testified that he accessed the Ifmis system through an authorisation letter issued by the National Treasury on March 1, 2017.

Suspect property

In his evidence, he also stated that the company was a registered supplier and that the payments made in its favour were credited with approval of the county government officials.

The American-trained computer and digital forensic investigator appeared in court as the 27th witness in the corruption case where former Kiambu Governor Ferdinand Waititu has been charged with conspiracy to defraud the county government Sh588 million.

Mr Waititu’s co-accused are his wife Susan Wangari, businessman Charles Chege Mbuthia and his wife Beth Wangeci, six former Kiambu County officials and trading companies.

The suspects have denied the economic crimes charges related to conflict of interest, dealing with suspect property and failure to comply with public procurement rules.

According to the prosecution, Mr Chege’s company, Testimony Enterprises Ltd, received the payments for road repair works in Limuru, Gatundu North, Thika, Juja and Ruiru sub-counties.

Mr Waititu is said to have acquired an indirect private interest from payments made to the company.

The hearing of the prosecution case was adjourned to September 19.


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