Kenya: Waititu, Wife Susan Guilty of Corruption in Sh588mn Tender Fraud

12 February 2025

A Nairobi court has convicted former Kiambu Governor Ferdinand Waititu and his wife, Susan Wangari, of corruption in connection with kickbacks linked to a Sh588 million tender.

Chief Magistrate Thomas Nzioki declared the tender fraudulent, noting that it lacked the necessary documentation and that the awarded company, Testimony Enterprises Limited, did not have the capacity to execute the road project.

"I have no doubt in my mind that the contract is a fraud. It is a mockery of the law," Magistrate Nzioki said.

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The court found Waititu guilty of conflict of interest for acquiring an indirect personal interest in over Sh25.6 million from Testimony Enterprises Limited, which he funneled through his company and business name during his tenure as governor.

Nzioki ruled that the prosecution had sufficiently established the offense, describing the case as a "classic example of conflict of interest."

The court dismissed Waititu's defense of political witch-hunt, with the trial magistrate emphasizing that "numbers and figures don't lie."

Money laundering charge dropped

However, Nzioki acquitted them of three counts related to money laundering.

"With regards to those offenses as charged, I find the accused persons guilty as charged," Chief Magistrate Nzioki ruled.

"The inevitable conclusion is that the first accused person is liable in count number one for conflict of interest by acquiring an indirect personal interest amounting to Sh25 million."

Also found guilty were businessman Charles Chege, his wife Beth Wangechi, and former Kiambu County Roads Chief Officer Engineer Luka Mwangi.

The cout found Engineer Mwangi, named as the main culprit, to have altered the tender evaluation process by removing key criteria, thereby violating the Constitution and disadvantaging four other bidders.

He played a central role in ensuring the tender award to Testimony Enterprises Limited--an unqualified firm whose director, the fourth accused, was an acquaintance of the governor.

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