State prosecutor Faith Mwila urged the court to impose a severe sentence, citing the devastating impact of corruption on public resources and governance. “The first accused (Waititu) was the sitting governor, and the third accused (Chege) was a senior government official responsible for overseeing public works,” Mwila stated. “These were positions of great public trust, which they violated through corrupt dealings.”
She emphasised that the fraudulent tender resulted in a loss of over Sh147 million (£800,000), which could have been used to improve the livelihoods of Kiambu residents
Former Kiambu County Governor Ferdinand Waititu and his wife, Susan Wangari, have been convicted of a Ksh 588 million road construction tender fraud. Delivering the verdict, Chief Magistrate Thomas Nzyoki stated that the ODPP had provided sufficient evidence to prove that Waititu and his wife conspired to defraud the Kiambu County Government.
In addition to Waititu and his wife, businessman Charles Mbuthia Chege, his wife Beth Wangechi, and former Kiambu County Roads Chief Officer Eng. Luka Mwangi Wahinya were also found guilty of conspiracy to defraud the county government. “I am convinced beyond reasonable doubt that the prosecution has proved the charges against the accused,” Magistrate Nzyoki ruled.
This marks the first high-profile corruption case successfully prosecuted under DPP Renson Ingonga, whose tenure has seen multiple corruption cases withdrawn due to insufficient evidence or unwillingness of witnesses to testify.
The court found that a tender awarded to Testimony Enterprises Ltd. in February 2018—linked to the accused individuals—was fraudulently obtained. The company was contracted for roadworks across several sub-counties in Kiambu, despite lacking the necessary qualifications for a project of such magnitude.
Waititu and his wife were found guilty of conflict of interest and dealing with suspect property but were acquitted of money laundering charges, which the court deemed oppressive. Their co-accused, Eng. Wahinya, was convicted of abuse of office, while Chege and Wangechi were found guilty of fraudulently acquiring public property.
Evidence of Corrupt Dealings
Prosecution evidence revealed that Waititu received Sh25.6 million (£140,000) from Testimony Enterprises through various companies linked to him, including Saika Two Estate Developers, Bienvenue Delta Hotel Ltd., and Lake Naivasha Resort Ltd. Despite the defence arguing these were legitimate business transactions, the court ruled they were part of a fraudulent scheme.
Magistrate Nzyoki dismissed Waititu’s defence that the case was politically motivated.
“Their defence is self-incriminating and includes admissions that Bienvenue Delta Hotel, owned by the governor and his wife, was directly trading with Testimony Enterprises Ltd. by supplying oil, petroleum products, and offering conference and catering services,” he noted.
The court also established that key officials, including Eng. Luka Mwangi Wahinya, played a central role in manipulating the tender process to favour Testimony Enterprises. Additionally, the company’s director, Charles Chege, had submitted forged academic credentials, falsely claiming expertise in large-scale construction projects. As a result, the court ruled the contract null and void.
Call for Harsh Sentencing
State prosecutor Faith Mwila urged the court to impose a severe sentence, citing the devastating impact of corruption on public resources and governance. “The first accused (Waititu) was the sitting governor, and the third accused (Chege) was a senior government official responsible for overseeing public works,” Mwila stated. “These were positions of great public trust, which they violated through corrupt dealings.”
She emphasised that the fraudulent tender resulted in a loss of over Sh147 million (£800,000), which could have been used to improve the livelihoods of Kiambu residents.
“The scale of the fraud was massive, and the actions of the accused have had a lasting impact on public trust,” she added. “The sentence must reflect the gravity of the crime and serve as a deterrent.” Defence lawyers, led by John Swaka, pleaded for a lenient sentence, arguing that all the accused were first-time offenders who had shown remorse. They emphasised that their clients were sole providers for their families and urged the court to consider non-custodial sentences such as probation or fines. “We ask the court to consider the personal and professional impact of this case on our clients,” Swaka argued, highlighting the emotional and financial hardships suffered by the accused and their families.
Similarly, Chege’s legal team maintained that his wife’s involvement was minimal, as she had merely signed documents without full knowledge of the fraudulent scheme. They argued that her actions were due to negligence rather than corrupt intent.
Eng. Wahinya’s defence also pleaded for a rehabilitative sentence, citing his previously unblemished career and family responsibilities. Following the conviction, Waititu, his wife, and their co-accused were remanded in custody, awaiting sentencing scheduled for 10:30 am today.
