Ex-Nyandarua Governor found guilty of illegally awarding Sh50 million contracts during tenure

Former Nyandarua Governor Daniel Waithaka Mwangi (left) and his co-accused when he appeared before Nakuru chief magistrate court to answer to failure to comply with procurement laws and abuse of office charges of July 27, 2018. (Photo: ODPP)

By Lucy Mumbi
Thursday, March 13, 2025

The charges included wilful failure to comply with procurement laws and engaging in a project without prior planning.

Former Nyandarua Governor Daniel Waithaka Mwangi has been convicted of illegally awarding a Sh50 million contract, violating procurement laws and mismanaging public resources during his tenure.

According to the Director of Public Prosecutions, Waithaka and his former County Executive Committee Member for Water, Energy, Environment, and Natural Resources, Grace Wanjiru Gitonga, were found guilty of multiple charges by the Nyahururu Anti-Corruption Court.

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The charges included wilful failure to comply with procurement laws and engaging in a project without prior planning. The ruling, delivered on Wednesday, marks a significant step in the ongoing crackdown on graft in county governments.

The prosecution team, led by Mercy Gateru, Maryann Mwangi, Alex Akula, and Wesley Nyamache, presented evidence detailing the procurement breaches that led to the conviction.

They noted that on April 30, 2014, Waithaka and Gitonga, while serving as public officers, failed to adhere to the Public Procurement and Disposal Act, 2006. They irregularly awarded a contract to M/s TAHAL Consulting Engineers Limited without a procurement plan for the 2013/2014 financial year, violating Section 26(3)(a) of the Act.

Additionally, the court found Waithaka guilty of abuse of office. The court determined that on or about April 4, 2014, he unlawfully conferred a benefit to M/s TAHAL Consulting Engineers Limited by awarding them a contract for the development of the County Water Master Plan and the design review of the Ol Kalou Town Sewerage System without following due procurement processes.

The prosecution stated that on April 30, 2014, Waithaka and Gitonga, while serving as public officers, failed to adhere to the Public Procurement and Disposal Act, 2006. They irregularly awarded a contract to M/s TAHAL Consulting Engineers Limited without a procurement plan for the 2013/2014 financial year, violating Section 26(3)(a) of the Act.

Abuse of office

In 2018, the then Director of Public Prosecutions Noordin Haji noted that Waithaka had flouted procurement laws by awarding the contract to M/s TAHAL Consulting Engineers Limited in December 2014 without regard for legal procedures.

The company, which was tasked with redesigning the Ol Kalou Town sewerage system, was irregularly paid Sh50,470,513.

Before the case was taken to court, investigations by the Ethics and Anti-Corruption Commission (EACC) revealed that Waithaka and five county officials engaged with two TAHAL representatives to develop the County Water Master Plan and design the Ol Kalou Town Sewerage System without following procurement laws.

“The investigation showed that Sh23,895,513 was advanced as payment for consultations, followed by an additional Sh26,575,000 for the same purpose. However, no services were ever rendered,” an EACC official said.

Further inquiries uncovered that the two purported TAHAL directors, Chen Yochanan Ofer and Albert Attias, had been disowned by the company before payments were even processed. The funds were transferred via RTGS to a bank account in Tel Aviv, Israel, after which the two individuals disappeared.

Efforts to recover the money proved unsuccessful, as Kenya and Israel lack a mutual legal assistance agreement. Additionally, Israel’s foreign policy prevents its citizens from being extradited to face prosecution in foreign jurisdictions.