BY PRUDENCE WANZA – Kiambu Governor Ferdinand Waititu and his wife Susan Wangari will spend another night in custody pending bail ruling tomorrow.
Governor Waititu was arraigned in court alongside his wife Susan Wangari charged with Sh.588 million irregular tendering.
Waititu faces charges of not following the legal procurement procedures, conflict of interest,irregular tendering and dealing with suspect property contrary to the law.
He is accused as the governor of kiambu knowingly acquired an indirectly Private interest of Sh.25,624,500 in respect to payments made to his company,Testimony Enterprises Limited for contracts awarded to the same company.
He is also accused of dealing with suspect property where he received through his company, Saika Two Estate Developers a payment of ksh.18,410,500 from Testimony Enterprise Limited having reasons to believe the money belonged to Kiambu County Government.
He is also charged alongside his wife Susan Wangari as the proprietors of Delta hotel where they are alleged to have received sh.7,214,000 from Testimony Enterprise limited while having reasons to believe the amount was acquired from Kiambu County Government through a corrupt conduct.
Luka Waihinya Chief officer Roads, public works and utility is accused of using his office to improperly confer a benefit to Testimony Enterprise limited of Sh.588,198,328.20 by awarding the tender for upgrading of various roads within Kiambu county.
They appeared before Chief Magistrate Lawrence Mugambi at the Milimani Law Courts where they denied all the charges
The defence constituted of lawyer Tom Ojienda ,John Swaka and Nelson Harvey among others.
Ojienda submitted that all the accused persons be admitted to bail as the law is clear that where there are no compelling reasons the court will issue bail or bond unconditionally. He also urged the court not to impose conditions that will undermine the constitution and the duties of the accused person as the governor of kiambu county.
The court heard that the rest of the accused persons are civil servants of Kiambu county who can be classified as victims of circumstances earning Sh. 125,000 and therefore they do not have financial muscle to fly from the country.
Ojienda added that the tender in question to the construction of a road is actually complete up to 60% and the charges before court are about procurement and not none delivery to the tender awarded.
The prosecution led by Alexander Muteti did not oppose bail but told the court to order that Governor Waititu surrenders all travel documents before court and give suitable sureties and contact persons.
Muteti also urged the court to issue orders that the Governor does not return to the county offices pending trial. He added that just like all the accused persons will not go back to their offices the Governor too should not. ” Majority of witnesses are to be found within Kiambu county and therefore the Governor should not be allowed in the offices. If Samburu county can function without a Governor then kiambu can still do the same,” submitted Muteti.
The Magistrate made a ruling that since the defense made submissions for three hours the ruling on bail will be held tomorrow