• Haji said the award of the Sh588 million contract was done irregularly.
Image: VICTOR IMBOTO
DPP Noordin Haji has ordered the arrest of Kiambu Governor Ferdinand Waititu and 12 others over the illegal award of a roads upgrade tender and embezzlement of county funds.
Others to be charged are Kiambu county chief roads officer, Lucas Wahinya, evaluation committee members Zakary Mbugua, Joyce Musyoka, Simon Kang'ethe, Anselm Wanjiku and Samuel Mugo.
In a statement on Friday, Haji said the award of the Sh588 million contract was done irregularly.
The contract was awarded to Testimony Enterprises during the 2017-18 financial year. It was for the upgrade of gravel roads to bituminous surface in Thika, Limuru, Gatundu North, Juja and Ruiru subcounties.
Testimony Enterprise directors are also to be charged. They are Charles Mbuthia and Beth Mburu.
EACC forwarded an inquiry file to the DPP's office on July 9 and evidence showed the tender award was skewed in favour of Testimony Enterprises.
The directors of Testimony are close associates of Waititu's.
It was found that a total of Sh147.2 million had so far been irregularly paid to the firm.
Furthermore, Testimony Enterprises was awarded other contracts for the provision of goods to Kiambu county by request for proposal. A total of Sh74.2 million was paid in respect of these contracts.
In total, the firm was paid Sh221.4 million.
Once the funds were paid, Sh25.6 million was remitted to entities associated with Waititu.
Part of the funds were used by Saika Two Estate Developers, a company owned by Waititu, to buy Bienvenue Delta Hotel, which is owned by the governor and his wife Wangari.
Wangari is also to be charged.
EACC had recommended the prosecution of Waititu's daughter, Monica Njeri Ndung'u, a co-director with Waititu in Saika, but later found that she was not an active director.
Waititu is to be charged with conflict of interest, dealing with suspect property, abuse of office and wilful failure to comply with procurement laws.
Other charges to be preferred include fraudulent acquisition of public property and money laundering.
On July 25, Waititu withdrew his application seeking an extension of anticipatory bail orders barring his arrest over alleged graft pending hearing.
This was after the EACC filed its affidavit to show the court how Waititu, Wangari and Njeri allegedly received, through their three companies, kickbacks for the irregularly awarded road tenders.