• To be arraigned on Monday over Sh588 tenders scam.
• Waititu had in June obtained a Sh500,000 controversial anticipatory bail from Kiambu principal magistrate Bryan Khaemba, causing an uproar.
Image: VICTOR IMBOTO
After sending detectives in a wild goose chase for two days, Kiambu Governor Ferdinand Waititu finally surrendered will be arraigned on Monday over Sh588 million illegal tenders.
If he had turned himself in on Friday when ordered, he would have had to spend three nights in police cells, since courts are closed on weekends.
His wife, Susan Wangari, has not yet turned herself in.
The governor, a key ally of Deputy President William Ruto, surrendered on Sunday at the Ethics and Anti-Corruption Commission's Integrity Centre headquarters.
The Kiambu county boss is expected to face three charges: Conflict of interest, dealing with suspect property and willful failure to comply with procurement laws.
The EACC said the investigation of suspicious transactions, which finally brought down Waititu, was complex and unmasked several persons of interest by following a paper trail.
Detectives examined bank accounts and property linked to the governor’s family and associates to unravel the intricate graft web.
Early last week, the EACC tabled evidence to demonstrate that Waititu received kickbacks from contractors and used part of the money to buy a hotel on Nairobi’s University Way.
Waititu also bought another prime building at the intersection of Biashara Street and Koinange Street in Nairobi's CBD, also worth hundreds of millions of shillings.
When questioned about the source of the money, the governor told investigators that he sold two petrol stations along Kangundo Road in Nairobi and topped it up with a bank loan.
Detectives were not persuaded and went for bank statements that proved how Wititu he received millions in kickbacks from some firms contracted by the county.
In an affidavit filed before a Kiambu court by EACC last month, the anti-graft agency demonstrated how Waititu, his wife Susan Wangari and daughter Monica Njeri pocketed millions in kickbacks from firms associated with heir allies.
The affidavit by EACC investigator Regina Ng’ang’a detailed how two companies owned by the Waititus received as much as Sh30.6 million from a firm awarded a tender to construct roads late last year and early this year.
The EACC said Testimony Enterprises Limited, which had been “irregularly” paid a substantial amount "without producing certificates required to show the work done", received Sh180 million between April last year and last April.
Investigations showed that the company’s account was opened on March 27 last year by managing director Charles Chege and director Beth Wangechi Mburu.
Between July and October last year, Testimony Enterprises Ltd paid Sh25.4 million to Saika Two Estate Developers Limited, which is owned by Waititu and his daughter, the EACC said.
Between October 2018 and January 2019, Testimony Enterprise Limited paid from its bank account Sh5.2 million to the Bienvenue Delta Hotel, which is owned by Waititu and his wife, the anti-graft agency said.
Testimony Enterprise Limited was awarded a tender to construct eight roads on March 8 last year for Sh588 million.
This information emerged during analysis of statements received from an Equity Bank account held by Testimony Enterprises Limited, which showed numerous transactions on various dates.
The investigator told the court their inquiries from the Registrar of Companies revealed that Waititu and his daughter are the directors of Saika Two Estate Developers Limited.
The EACC also said that according to the Registrar of Companies, Waititu and his wife are the directors of Bienvenue Delta Hotel.
“An analysis of evidence reveals the governor received kickbacks through his bank accounts and accounts of companies associated with him and his family members for contracts awarded by the county government,” the EACC said in its affidavit in court.
On Friday Director of Public Prosecution Noordin Haji ordered the arrests of Waititu and his wife Wangari after studying evidence unearthed by the EACC.
The DPP said he was satisfied with the evidence against Waititu and 12 other suspects linked to irregular procurement for upgrading roads in Kiambu.
Also to be charged are Charles Chege Mbuthia and Beth Wangeci Mburu, the directors of Testimony Enterprises Ltd.
However, Waititu's daughter has not been recommended for prosecution after further investigations and evidence review by EACC.
Kiambu chief officer for Roads Lukas Wahinya and a couple of Tender committee members have also been arrested are to be arraigned on Monday over embezzlement of public funds.
Waititu becomes the third governor to be prosecuted by EACC over graft since 2017.
Earlier, the EACC had charged Samburu Governor Moses Lenolkulal for abuse of office and conflict of interest that led to the loss of Sh84 public funds.
Last July Busia Governor Sospeter Ojaamong was arraigned over fraud and abuse of office charges that cost the taxpayer Sh20 million.