Former Nyandarua Governor Daniel Waithaka Mwangi has been convicted of procurement irregularities by the Nyahururu Anti-Corruption Court. The ruling, delivered on Thursday, found Waithaka guilty of multiple charges related to the unlawful awarding of a contract without following the due procurement process.
Waithaka was convicted alongside former County Executive Committee Member for Water, Energy, Environment, and Natural Resources, Grace Wanjiru Gitonga. The court determined that the two were guilty of engaging in a project without prior planning and wilfully failing to comply with procurement laws.
The case, which has been under investigation for several years, revealed that on April 30, 2014, the accused individuals, while serving as public officers in the Nyandarua County Government, violated provisions of the Public Procurement and Disposal Act, 2006. They unlawfully procured the services of M/s TAHAL Consulting Engineers Limited without a procurement plan for the 2013/2014 financial year, which contravened Section 26(3)(a) of the Act.
Additionally, Waithaka faced a separate conviction for abuse of office. The court found that on or about April 4, 2014, he improperly used his position to confer a benefit to M/s TAHAL Consulting Engineers Limited. The contract in question involved the development of the County Water Master Plan and the design review of the Ol Kalou Town Sewerage System, which was awarded without following the necessary procurement procedures.
The ruling marks a significant development in the fight against corruption and misuse of public office in Kenya. The Ethics and Anti-Corruption Commission (EACC) had been investigating the case for years, leading to the prosecution of the former governor and his co-accused.
The case is set for mention on March 20, 2025, when the court will hear mitigation pleas before sentencing is delivered. If sentenced, Waithaka and Gitonga could face hefty fines, jail terms, or both, as stipulated under Kenya’s anti-corruption laws.
This conviction underscores the judiciary’s commitment to holding public officials accountable for financial misconduct and ensuring compliance with procurement laws to safeguard public resources.
