Former Kiambu Governor Ferdinand Waititu, popularly known as Baba Yao, has been remanded at Industrial Area Prison following his conviction in a Ksh 588 million road tender graft case. Alongside him, co-convicts Luke Wahinya and Charles Chege have also been detained as they await further legal proceedings.
The ruling, delivered by Chief Magistrate Thomas Nzioki, found Waititu guilty of conflict of interest, stating that he benefited from Ksh 25.5 million in kickbacks through his company, Saika Two Developers, and his business, Bienvenue Hotel. The court sentenced him to either pay a fine of Ksh 53.5 million or serve 12 years in prison.
Magistrate Nzioki ruled that Waititu had failed in his duty to uphold governance values and safeguard public resources. The case, which involved testimonies from 32 witnesses and substantial documentary evidence, revealed how funds were funneled through fraudulent procurement deals.
In his judgment, Nzioki dismissed Waititu’s claims of political witch-hunt, stating that the evidence presented clearly pointed to a conflict of interest. The court also found that Testimony Enterprises Limited, the company awarded the tender, was unqualified to execute the project. Engineer Wahinya was identified as the mastermind behind the fraudulent scheme, manipulating the tender evaluation process to favor Testimony Enterprises Limited while unlawfully disadvantaging four other bidders.
“This is a classic case of conflict of interest, debunking the much-hyped theory of political witch-hunt as claimed by Waititu,” said Magistrate Nzioki in his ruling.
Waititu’s wife, Susan Wangari, was also implicated in the case and sentenced to pay a fine of Ksh 1 million or serve a 12-month jail term. Meanwhile, Charles Chege, the director of Testimony Enterprises Limited, was handed the heaviest penalty, with a fine of Ksh 294.5 million. The court further upheld the charge of unlawful acquisition of public property against the company and its directors.
As the legal battle continues, Waititu and his co-accused have indicated their intention to appeal the ruling at the High Court. They have requested the release of exhibits related to the case to facilitate their appeal process.
Waititu, his wife, and other county officials were initially charged in the corruption case on July 29, 2019. The court, however, acquitted them on three counts of money laundering, while upholding other graft-related charges.
The ruling serves as a significant statement on accountability in Kenya’s fight against corruption, signaling tougher judicial actions against public officials found guilty of misappropriating public funds.
