Court finds Nyandarua ex-Governor, six others have case to answer over irregular tender
Former Nyandarua Governor Daniel Waithaka Mwangi (left) and Former Water County Executive Member Grace Wanjiru Gitonga at the Nakuru Law Courts on July 27, 2018 when they were accused of abuse of office and corruption.
A Nyahururu Anti-Corruption Court has ruled that former Nyandarua Governor Daniel Waithaka Mwangi and six other former county officials have a case to answer in a Sh50 million corruption case.
Chief Magistrate Judith Wanjala on Friday ruled that the former County boss, who was charged alongside former County Water, Energy and Environment Executive Grace Wanjiru Gitonga, John Ngigi, Jesse Wachira, Martin Kigecha, and Simon Irungu, has a case to answer.
“I have looked at the evidence, gone through submissions and in my view I find that the State established substantial evidence in their respective charges therefore they have a case to answer,” ruled Ms Wanjala during the virtual sitting.
The former governor and Ms Gitonga are jointly facing four counts.
In the first count, they were accused of failing to comply with the Public Procurement and Disposal Act 2006 by procuring the services of M/s Tahal Consulting Engineers, an Israeli firm, without a procurement plan for the financial year 2013/2014.
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In the second count, they were accused of engaging in a project without prior planning.
The third count stated that the two jointly and willfully used the direct procurement method to procure the services of the co-accused contractor without obtaining prior written consent and reasons from the Nyandarua County Government’s Tender Committee.
They were further accused of abuse of office and failure to adhere to procurement procedure in the issuance of the Sh50 million tender.
The other suspects were charged with various counts of failing to comply with the law relating to the management of public funds and abuse of office.
Mr Waithaka was, personally, accused of ignoring advice from the County Secretary, County Executive Committee and the Finance Chief Officer, and single-sourcing a private international company that was not qualified for the tender.
The suspected fraudulent payments were wired to a bank account in Tel Aviv, Israel.
During the virtual ruling state prosecutor Wesley Nyamanche, said that the accused persons wanted to defend themselves in an open court.
“We want to take or ask for direction before an open court in respect to how the accused persons want to defend themselves. I believe the state is of the same view due to cross-referencing of some documents and evidence adduced from the same,” said Mr Nyamanche.
All the lawyers who were present also came to a consensus that there be a physical court so that they can give sworn testimonies.
The advocates also said that their clients intended to give a sworn defense and, therefore, asked the court to allow them to call one witness each.
The seven had been charged alongside two foreigners namely Chen Yochanan and Albert Attias, and the contracted company Tahal Consulting Engineers Limited.
On October 29, 2018, the Director of Public Prosecution withdrew corruption-related charges against Nyandarua County water engineer Mr Kihiu Gaiko Gichinga.
The DPP told the court that evidence had shown that Mr Gichinga did not take any role in the graft case. He became a state witness.
Ms Wanjala on Friday said that the case had dragged itself, hence the need to hasten it.
“This case is so old and the earlier we close it the better,” she said, adding that she will travel to Nyahururu from Kabarnet where she has since been transferred for a one-week sitting in May.
The case will be mentioned on March 17.
