The Director of Public Prosecutions (DPP) has filed its final submissions in a corruption case involving former Kiambu Governor Ferdinand Waititu, his wife Susan Wangari Ndungu, and three other co-accused.
Waititu, his wife, former Kiambu County Transport Chief Officer Luka Mwangi Wahinya, and business associates Charles Chege Mbuthia, Beth Wangeci Mburu, along with two companies—Testimony Enterprises Limited and Saika Two Estate Developers Limited—are charged in relation to the irregular awarding of road construction tenders worth Sh588 million in Kiambu County in February 2018.
In a submission made on November 5, 2024, the DPP urged the court to convict the accused persons and the two companies, arguing that the charges had been proven beyond reasonable doubt.
The DPP outlined that Luka Mwangi Wahinya, while serving as Transport Chief Officer in March 2018, unlawfully awarded a tender for the upgrading of various roads in Kiambu County to Bituminous Standard.
The tender, valued at Sh588,198,328, was granted to Testimony Enterprises Limited, a company that had been irregularly procured. To support its case, the prosecution called 32 witnesses and presented 129 exhibits.
Anti-graft officers arresting Waititu in 2019.
In September 2023, the trial court, led by Chief Magistrate Thomas Nzioka, ruled that the DPP, represented by Senior Assistant Director of Public Prosecutions Vincent Monda, had established a prima facie case against the accused, placing them on their defense.
The charges against Waititu and his co-accused include Conflict of Interest, Dealing with Suspect Property, Abuse of Office, Fraudulent Practices in Procurement, Fraudulent Acquisition of Public Property, and Money Laundering.
The DPP further submitted that Waititu, who served as Kiambu County Governor from 2017 until his impeachment in January 2020, had received Ksh. 25,624,500 in payments linked to Testimony Enterprises Limited, in which he reportedly had an indirect private interest.
The prosecution emphasized that the evidence presented, both through witness testimony and documentary proof, clearly connects the accused to the alleged offenses.
The case is being prosecuted by Vincent Monda, Senior Assistant Director of Public Prosecutions, alongside Principal Prosecution Counsels Linda Mwamburi and Faith Mwila, and Prosecution Counsel Delroy Mwasaru.
Some of Waititu’s vehicles impounded in 2020.
Chief Magistrate Thomas Nzioka has scheduled a mention for February 11, 2025, to set a date for the judgment.
