Ferdinand Waititu says he lost everything as he pleads for non-custodial sentence
Through lawyer John Swaka, Waititu told Chief Magistrate Thomas Nzioki that he had been dragged through the mud by the case that had brought him to the ground and left him entirely ruined.
Former Kiambu governor Ferdinand Waititu made an emotional appeal to the Anti-Corruption Court to save him and his wife Susan Wangari from the gallows after they were convicted of fraud involving Sh588 million paid for an irregularly awarded road maintenance tender in 2018.
Through lawyer John Swaka, Waititu told Chief Magistrate Thomas Nzioki that he had been dragged through the mud by the case that had brought him to the ground and left him entirely ruined.
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Whereas the office of Director of Public Prosecutions (ODPP) had called for a harsher sentence through prosecution counsel Faith Mwila, Waititu argued that what he has gone through - removal from office- is enough chastisement and the court should spare him any further punishment.
Mwila had urged the court to sentence Waititu and accomplices in accordance with provisions of section 48 (2) of the Anti-Corruption and Economic Crimes Act (ACECA) of 2003 to serve as deterrence to others who would want to commit similar crimes.
The section provides for a fine not exceeding Sh1 million and a jail term not exceeding 10 years.
If the offence constituted benefits of quantifiable amounts of money, the convict shall be liable for an additional mandatory fine two times the amount that person received as a quantifiable benefit.
The prosecutor had asked the court to consider that Waititu unduly influenced the award of a tender to a company associated with his wife's associates at the disadvantage of others despite the fact that the company did not qualify for the tender.
She prayed for a maximum penalty including a fine of double the amount the convicts got from the scheme and a custodial sentence on top of the fine.
But Swaka pleaded with the court to consider the plight of Waititu and other convicts' dependents including children, ageing parents, siblings and employees.
Swaka urged the court to also consider that Waititu was charged and convicted alongside his companies including the Saika Two Estate Development Limited which he was trading in and lost everything after he was removed from the office following the charges.
The companies collapsed, according to Swaka who added that his clients are remorseful and seek a chance to start again.
"Given an opportunity to get out, free, they have a word to the court – that what happened shall never happen again as long as they live and breathe. They pray for a second chance in life," stated Swaka.
"They have lost everything – political office, money, business and everything they had. They are flat on the mud and the court should not break the little heart they have."
Waititu was found guilty of a charge of conflict of interest after receiving Sh25,624,500 from a company – Testimony Enterprises Limited belonging to his wife's associates contrary to section 42 (3) of the ACECA of 2003. This amount of money is suspected to be a kickback.
He was also convicted for three other counts of dealing with suspect property in contravention of ACECA in relation to two transactions involving the transfer of different amounts of money to his company – Saika Two Estate Developers Limited from Testimony Enterprises.
His company received Sh12,410,500 from Testimony Enterprises between July 2, 2018, and March 13, 2019, and Sh6 million between August 27 and September 27, 2018.
Waititu is also charged with the same offence alongside his wife after they jointly received Sh7,214,000 from Testimony Enterprises, being proprietors of Bienvenue Delta Hotel, having reasons to believe the same was corruptly acquired from the Kiambu County government.
The proprietors of Testimony Enterprises Limited- Charles Mbuthia and his wife Beth Wangeci -were found guilty of fraudulent acquisition of public property – in which they fraudulently received Sh147,274,055 from the Kiambu County government which was payment for upgrading various roads within the county.
Swaka told the court that the payment was not for ghost projects but for works that were done.
The lawyer told the court that his clients were remorseful and prayed for a non-custodial sentence, urging the court to consider that they have children who fully depend on them, together with other dependents.
Former Kiambu Chief Officer Lucas Wahinya for roads also made a similar appeal through lawyer Jeremy Njenga.
Wahinya has been convicted for abuse of office in contravention of ACECA of 2003 after using his office improperly to award a tender worth Sh588,198,282 to Testimony Enterprises.
This was a tender for upgrading roads to Bitumen standards and the company was irregularly procured.
"He did not do it with a criminal or a corrupt mind. He did it because it was in his line of duty. It was not a scheme to award the tender to Testimony Enterprises and there was no evidence that he was induced to award the tender," stated Njenga.
"If there was anything he did or did not do, it cannot be said that it was out of corruption, maybe negligence of duty. He had a role to play but there were many others that were also involved including those whose evidence was relied on like the county attorney, county secretary and others."
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