Court rules Waititu to serve 12 years in jail or pay Sh53.5m fine after conviction in Sh588m fraud case

Former Kiambu governor Ferdinand Waititu and his wife Susan Wangari who have been sentenced in a fraud case. (Photo: ODPP)

By Joseph Ndunda
Thursday, February 13, 2025

At the same time, the court ruled that all the convicts are barred from holding public office for 10 years.

The Milimani Anti-Corruption Court has sentenced former Kiambu governor Ferdinand Waititu to 12 years in prison after he was found guilty of fraud for irregularly awarding a Sh588 million road maintenance tender in 2018.

Waititu was given the option of paying a Sh53.5 million fine for the offence. The company awarded the tender paid Waititu Sh25,624,500, and the ex-governor will now pay double that amount and an additional Sh1 million fine for the offence of conflict of interest.

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In default, the politician will have a cumulative jail term of 12 years for all the offences. He was sentenced to serve various jail terms adding up to 12 years.

The offence of conflict of interest occurs in that he influenced the award of the tender – to Testimony Enterprises Limited belonging to his wife's associates despite the fact that it did not qualify for the tender.

He was also fined Sh500,000 on three counts of dealing with suspect property in violation of section 47 (1) and section 47 (2) of the Anti-Corruption and Economic Crimes Act (ACECA) of 2003.

Waititu was charged twice with his companies and once with his wife, and will pay a fine of Sh500,000 for each of the three counts, totalling Sh1.5 million.

The politician had been charged alongside his company Saika Two Estate Developments Limited where they were found with Sh12,410,500 and Sh6 million in the accounts.

In the third charge of handling suspect property alongside his wife after they were found in possession of Sh7,214,000 found in the account where they co-own the Bienvenue Delta Hotel.

His wife, Susan Wangari, who was also found guilty, faces a one-year jail term or a Sh500,000 fine.

Former Kiambu County Chief Officer for Roads Engineer Lucas Mwangi was also fined Sh21 million for abuse of office to award the tender to a company that he knew did not qualify.

He had been charged with abuse of office contrary to section 46 as read with section 48 of the ACECA of 2003 for awarding the tender worth Sh588,198,328 to Testimony Enterprises Limited, a company that was irregularly procured. Mwangi will in default serve a five-year jail term.

Businessman Charles Mbuthia, the proprietor of the Testimony Enterprises will pay a fine of Sh294 million or serve a seven-year sentence. The businessman had been paid Sh147,274,055 and was ordered to pay double that amount.

The penalties were served on the convicts by Chief Magistrate Thomas Nzioki of the Milimani Anti-Corruption Court.

"I considered the gravity of the offences on the society, and the position held by the persons. It is for denunciation for the money to go back to the public and protection of the society from such criminal acts," said Nzioki.

Nzioki insisted that although he was compassionate, Mwangi held a senior position and was tasked with responsibility for public resources but betrayed the public.