Waititu and some of the accused persons who were charged with him on July 29, 2019. Photo/CFM.
NAIROBI, Kenya Jul 29 – Kiambu Governor Ferdinand Waititu and his wife Susan Wangari on Monday denied corruption charges following their arrest at the weekend.
The two, who appeared before anti-corruption Magistrate Lawrence Mugambi, were charged alongside two directors of the company that won a tender to construct roads in the county and officials who awarded the tender.
Charges read out to Waititu include engaging in a fraud, conflict of interest, dealing with suspect property, money laundering and abuse of office.
He was represented by lawyer Prof. Tom Ojienda who argued that there was no evidence that tax-payers’ money was lost, saying the issue was largely on how the tender was awarded.
“There is no reference in the charges stating that any money has been lost in the process. The charges are about the procurement process,” he submitted.
In approving charges against the suspects, Director of Public Prosecutions Noordin Haji said there is enough evidence to charge Waititu and his wife whose company Saika Two Estate Developers Limited received more than Sh25 million from Testimony enterprises Limited Contractor—a firm contracted by the county to develop roads through an irregular tendering process.
The DPP however, exonerated Waititu’s daughter Monica Njeri, a co-director in the family’s company, saying she was not aware of its dealings.
Ojienda argued that all the accused persons were legally entitled to bail, and even poked holes in a ruling issued recently by Justice Mumbi Ngugi that governors charged with economic crimes vacate office during the duration of their trial.
Going by Justice Ngugi’s ruling, Waititu should stay away from office pending hearing and determination of the case. If Waititu steps aside, his Deputy James Nyoro takes over.
But Ojienda argued, “the deputy governor will not function if the Governor stays away from the office.”
“Any action limiting the functioning of the duty of office of the Governor would necessarily interfere with the people of Kiambu. According to the County Government Act, there are functions that the deputy governor cannot exercise unless delegated by the Governor. That is why Nairobi County has been functioning well without a deputy governor.”
He further submitted that a finding on integrity cannot be held against a person until a trial is concluded.
“What if they were found innocent of those unfortunate charges?” he posed. “You cannot look at the person on the face and say this one is guilty and cannot sit in the office.”
The Director of Public Prosecutions is not opposed to their release on bail, but with strict conditions.
In the case of Waititu, the DPP wants him ordered to surrender his travel documents and stay away from office.
“But just like other officers charged, he should not go back to enjoy the trappings of power and privileges the office comes with,” prosecutor Alexander Muteti submitted.
He noted that there will be no “constitutional paralysis” if the governor stays out office.
“It will be the right thing to do. A deputy governor is not a lame duck,” the prosecutor asserted.
The magistrate was set to decide on the bail application later Monday.
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