Waititu to face fresh charges in Sh588m graft case

Former Kiambu Governor Ferdinand Waititu at Michuki Park in Nairobi on December 29, 2020.

Former Kiambu Governor Ferdinand Waititu. 

Photo credit: Evans Habil | Nation Media Group

Former Kiambu Governor Ferdinand Waititu has suffered a major blow after the prosecution was allowed to introduce new charges in the Sh588 million corruption case against him,

In a ruling delivered by Corruption Court Magistrate Thomas Nzioki, the Director of Public Prosecutions (DPP) was allowed to amend the charges by introducing a fresh charge of dealing with public property against Mr Waititu and his company, Saika Two Estate Developers Ltd.

"In the interest of justice, I find that the DPP application has merit and allow it. I also direct that the accused persons to plead to the fresh charges on November 16, 2021," Mr Nzioki said.

Mr Waititu is expected to answer a new charge of authorising payment of Sh6 million belonging to the Kiambu County Government to Lake Naivasha Resort Ltd. The offence occurred between August 27 and September 27, 2018.

This comes after the DPP lodged a fresh application in court, seeking to amend the charges against Mr Waititu, his wife Susan Wangari and their co-accused.

In the application to introduce the new charges, State Prosecutor Victor Mule said that after reviewing the evidence, it was prudent to introduce a new charge and evidence in the case.

"Upon review of the prosecution case and the evidence therein, it came for further disclosure of additional evidence in regards to the total amounts received," Mr Mule said.

The prosecution had sought to amend the charge sheet particulars, including amounts, and addition of some counts against some of the accused.

However, the former governor, through his lawyer John Swaka, had opposed the application, saying that the prosecution was withholding some of their documents and they cannot even file returns.

Mr Waititu was charged on July 29, 2019 with fraud, conflict of interest, dealing with suspect property, money laundering and abuse of office.

Saika Two Estate Developers Ltd, a firm owned by Mr Waititu and his wife, is said to have received more than Sh25 million from Testimony Enterprises Limited Contractor, a firm contracted by the county government to develop roads through irregular tendering.

It is alleged that between October 3, 2018 and January 2019, the two proprietors of the company jointly received Sh7.2 million from Testimony Enterprises, with the money believed to have been acquired from the Kiambu County through corrupt means.