Waititu's official says change of rules determined Sh588m tender

Former Roads official in Kiambu County on Tuesday told the court how contractors may have missed a Sh588 million tender after last-minute change in procurement rules.

Lucas Wahinya, who has been placed on his defence together with former Governor, Ferdinand Waititu and his wife Susan Wangari, said some of the companies that were eyeing the road tender were disadvantaged after a new evaluation criteria for bidders was introduced. 

While proclaiming his innocence, Wahinya told the Milimani Anti-Corruption Court chief magistrate that serialisation of tender documents was initially not a criterion, but "those doing evaluation felt that serialisation was key on the process. This was then introduced at the evaluation stage."

While he insisted that due process was followed in awarding the contract to Testimony Enterprises Ltd, Justus Bundi, director of supply chain management, stated that serialisation of tender documents and form tender changed the outcome of the bid.

Form tender captures the sum total of the bid, the name and contact of the bidder.

Terming the process as irregular, Bundi said it did not conform to the eligibility and other mandatory requirements.

He had recommended that the accounting officer, being Wahinya, orders a re-evaluation by the same committee or appoint another and compare the results. But this was not adhered to.

Another official, Luka Mwangi, denied ignoring the professional opinion of Bundi.

He said the observations could not have affected the outcome, and that is why he proceeded to award to the recommended lowest bidder on February 12, 2018.

The Sh588,198,328.20 tender was for the upgrade of various gravel roads in Thika, Limuru, Gatundu North, Juja and Ruiru sub-counties during the 2017/2018 financial year.

The accused, who also include Testimony Enterprise directors Charles Chege and Beth Wangeci Mburu, were placed on their defence after the court found they have a case to answer.

The prosecution closed its case, which started in in 2019, last year after calling 32 witnesses.

In May, Waititu maintained his innocence and urged the court to acquit him, claiming that the charges were instituted because of his support for President William Ruto.

"I was an ardent supporter of the President. At the time he was the deputy. I was sacrificed in a wider political war linked to the 2022 succession politics," he said.

Waititu was charged on July 29, 2019, with fraud, conflict of interest, dealing with suspect property, money laundering and abuse of office. 

Saika Two Estate Developers Ltd, a firm owned by Waititu and his wife, was said to have received more than Sh25 million from Testimony Enterprises. 

Waititu faces another count together with his wife and Bienvenue Delta Hotel, a company they co-founded. 

It is alleged that between October 3, 2018, and January, 2019, the company received Sh7.2 million from Testimony Enterprises, money believed to have originated from Kiambu County.