Waititu pays the price for his 'corrupt' ways

In a dramatic fall from grace, former Kiambu Governor Ferdinand Waititu, once hailed as a political giant, was sentenced to 12 years in prison by the Anti-Corruption Court for his role in a multi-million-shilling fraud.

The court also barred Waititu, his wife Susan Wangari and other co-convicts from holding public office for 10 years after they were found guilty in Sh588 million graft case.

The sentencing marks him as the second former governor to be convicted of a criminal offence.

Milimani Chief Magistrate Thomas Nzyoki on Thursday handed down the sentence that includes the option to pay a Sh53.7 million fine.

Waititu was convicted on four counts of conflict of interest and dealing with public property. The case revolved around kickbacks from a road construction contract awarded five years ago to Testimony Enterprises, a company linked to Waititu.

The court detailed how Waititu received Sh25.6 million in kickbacks, with the judge imposing a fine of twice the amount as per the Anti-Corruption and Economic Crimes Act, alongside other penalties for each charge.

Once a well-established businessman and popular politician, Waititu’s political journey now serves as a stark reminder of how fortunes can change.

Nzyoki sentenced Waititu on charges of conflict of interest, imposing a fine of Sh1 million, with a two-year prison sentence in default of payment. He was also slapped with a mandatory fine of Sh51.2 million, with a seven-year prison sentence in default.

On the three charges of dealing with suspect property, Waititu and his company, Saika Two Estate Developers, were each fined Sh500,000 or one year in prison for each charge.

His wife, Susan Wangari, was handed a fine of Sh500,000, or a one-year prison sentence. 

The evidence tendered in court by the prosecution revealed a web of corruption that implicated not just Waititu but also several high-ranking officials in his administration.

The court stated that the tender was a golden opportunity for Waititu, his wife and co-convicts to enrich themselves at the expense of the country’s development. 

The case showed how Sh25.6 million was wired to Lake Naivasha Resort, which is co-owned by Waititu and his wife. 

A total of Sh221.4 million was released from the Kiambu County government to Testimony Enterprises Ltd, whose directors, Charles Chege and his wife Beth Wangeci, were acquaintances of Waititu and his wife. 

After the funds were transferred, Sh134 million was deposited into Chege’s personal accounts. 

An additional Sh8.4 million was transferred to Saika Two Estate Developers Ltd, whose directors include Waititu and his daughter. Another Sh6 million was deposited into the account of Lake Naivasha Resort, which was later sold to Bienvenue Hotel, owned by Waititu. 

Bienvenue Hotel, through Waititu and his wife, further received Sh5.2 million and Sh2 million directly from Chege as part of the funds meant to facilitate the purchase of Lake Naivasha Resort. 

Further, Saika received Sh8.4 million from Testimony and Sh4 million from Chege personally. 

The court found that Waititu indirectly received Sh25,624,500 from Chege’s firm for the purpose of purchasing Lake Naivasha Resort.

In his sentencing, Nzyoki stressed the severity of punishment in deterring other public officials from engaging in similar corrupt practices.

“The sentence is intended to protect the community from the loss occasioned by the convicts’ fraudulent actions,” he said.

Also convicted was former Kiambu County Chief Officer for Roads and Transport Luka Mwangi Wahinya, who was fined Sh21 million or seven years in prison for abuse of office. Chege was fined Sh295 million or nine years in prison, while his wife was fined Sh1.4 million or a two-year jail term.

All of the accused had hoped for leniency, citing their remorse and dependence on their families, but the court dismissed these pleas, citing the severity of the crimes committed.

“It is common for defense to argue that the accused are remorseful and have dependents, but this does not change the severity of their offenses,” said the magistrate and directed that the convicts be escorted to the Industrial Area Prison.

Waititu requested to be taken to the hospital but the magistrate directed the issue be handled by the prison authorities.

Waititu’s conviction comes just a year after the former Samburu Governor Moses Lenolkulal was found guilty of corruption-related offences. 

“Today’s conviction sends a strong signal to all public officials that corruption will not be tolerated. We are determined to hold those who abuse their power accountable,” said the Ethics and Anti-Corruption Commission Spokesperson Eric Ngumbi.

Assets recovery case

In addition to the criminal case, the EACC is also pursuing the recovery of unexplained assets linked to Waititu’s dealings amounting to a staggering Sh1.9 billion. The assets, which include land, vehicles and other valuable property, are being investigated in a separate civil case. 

“While the criminal conviction is important, we cannot stop there. The civil case remains crucial, as it seeks to recover ill-gotten wealth and ensure that public resources are returned to the people,” stated an EACC official involved in the process.

His conviction and sentencing, which has shaken the political landscape, marks a bitter chapter in the life of a man who once commanded significant political power.

Waititu rose from humble beginnings to the country’s top politics, styling himself as a fighter for the common mwanchi.

Born on January 1, 1962, in Kiambu, Waititu’s political career spanned over two decades since 2002 when he was elected as a councillor for Njiru Ward in Nairobi, rising to a deputy mayor.

In 2008, he won the Embakasi parliamentary seat. Following the 2013 election, tragedy struck in the form of the death of Kabete MP George Muchai. Seizing the opportunity, Waititu won the seat. 

However, his eyes were set on a bigger prize. In 2017, was elected Kiambu Governor, the seat that has seen his career come tumbling down.