Ferdinand Waititu Sentenced To Prison

Former Kiambu Governor Ferdinand Waititu has been sentenced to 12 years in prison. The sentencing came a day after he was found guilty in a Ksh588 million corruption case that has been dragging on for years.

Millimani Anti-Corruption Court Chief Magistrate Thomas Nzioki on Thursday, February 13 sentenced Waititu to seven years in jail or ordered him to pay a fine of Ksh53.5 million.

Waititu’s wife, Susan Wangare, on her part, was sentenced to one year in prison or pay a fine of Ksh500,000. However, the magistrate directed that the terms will run concurrently. 

Their co-accused Luka Mwangi Wahinya (former Chief Officer, Roads, Transport, Public Works and Utilities) to serve 2 years in prison or pay a fine of Ksh1 million and a mandatory fine of Ksh20 million in default to serve 5 years in prison.

Furthermore, the directors of Testimony Enterprises Limited Charles Chege Mbuthia and Beth Wangeci Mburu were jailed for 4 years or pay a fine of Ksh2 million with a mandatory fine of Ksh294 million and 3 years in jail or pay a fine of Ksh1.4 million respectively.

The magistrate ruled that Waititu's actions were inexcusable, as they violated the principles of good governance.

"This case is a typical example of a breach of public trust by the former Governor and the co-accused. The offending acts of the accused persons were deliberate, inexcusable, and undermined the tenets of good governance.

''In this case, the conduct of the accused persons shows that they derived benefits from their criminal actions. Their common motive was enrichment from public funds at the expense of service delivery to the people,'' Nzioka ruled.

He added, "A matter of concern to me is the deliberate misrepresentation and forgery of academic credentials of young graduates and at a time when unemployment is a challenge to the society."

Even worse for Waititu, he has been barred from serving in any public office for 10 years, putting a dent in any hopes for him to return to a political seat ahead of the 2027 general elections.

Magistrate Nzioki also instructed the prosecution to return key documents seized during the investigation, including passports and title deeds, to the accused. Furthermore, he granted Waititu and his co-accused a 14-day period to appeal both the ruling and the judgment.

On Wednesday, the Milimani Anti-Corruption Court ruled that Waititu, along with his wife and other county officials, was involved in fraudulent tender allocations, conflict of interest, and forgery.

Nzioki determined that Waititu, who was impeached from office, unlawfully profited from public funds, including Ksh25 million obtained through a company associated with him.

The court convicted him on multiple charges, holding him and his co-accused accountable for financial misconduct and abuse of office. The Chief Magistrate's ruling was based on 12 counts, with most findings indicating that the former Governor and his co-accused were responsible for violating the law.

"Count one first accused person (Waititu) guilty, count two first accused person and Saika Two Estate Developers Limited guilty, count three first accused person and Saika Developers limited guilty," read part of Nzioka's ruling.

"Inevitable conclusion, the first accused person you are viable in count number one for conflict of interest by acquiring an indirect person of interest accumulated sum of Ksh25 million."

On September 21, 2024, Waititu was found with a case to answer, with Milimani Chief Magistrate Thomas Nzyoki ruling that the Director of Public Prosecutions (ODPP) had established a prima facie case against the accused persons.

The magistrate said that the evidence adduced by the prosecution through 32 witnesses and 741 exhibits was overwhelming to enable them to be placed on their defence.