- EACC says Waititu abused his office by directly influencing procurement
- He allegedly received a benefit of Sh25,624, 500 from Testimony Company
Image: VICTOR IMBOTO
The woes of Kiambu Governor Ferdinand Waititu seem far from over after the anti-graft body filed a new application to recover over Sh 147 million from the county boss.
The Ethics and Anti-corruption Commission in its fresh application details a chronology of events on how Waititu abused his office by directly influencing the procurement process. A tender was awarded to Testimony Company Limited and he allegedly received a benefit of Sh25,624, 500.
The tender was for upgrading various gravel roads in Thika, Limuru, Gatundu North, Juja and Ruiru subcounties during the financial year 2017-2018.
Waititu has since been charged over the same alongside his wife Susan Wangari and eight others. The trial is expected to commence on February 6.
Investigations revealed Waititu held a private interest in the contracts which was in conflict with the powers and functions of his public office.
EACC says Testimony submitted a bid for the subject tender to Kiambu county government with a forged recommendation letter from China Wu Yi Company attached. The company gave a benefit to Waititu in order to induce him to influence the award of tender in its favour, anti-graft investigators say.
Waitutu is accused of influencing the tendering process and award of the tender in favor of Testimony limited in abuse of his office and contrary to the interest and welfare of the county government of Kiambu.
“As a result of the foregoing, we aver that the contract awarded to Testimony Company Limited arising from the flawed procurement process undertaken in breach of the law is voidable,” court papers say.
Consequently, the EACC seeks recovery of the sum of Sh147,274,055.39 so far paid to Testimony as it constitutes the proceeds of corrupt conduct.
EACC believes the sum of Sh25,640,500 which the governor received from Testimony was a bribe or kickback.
EACC says despite demand and notice to sue being issued, Waititu and others have failed to admit liability or pay the amount claimed rendering the suit necessary.
The commission wants court to declare that the tender was illegally and irregularly awarded to Testimony. It also wants court to declare that the contract dated March 16, 2018 between Testimony and the county government of Kiambu was illegal and therefore null and void.
Also mentioned in the application is Zachariah Mbugua, Joyce Ngina, Simon Kabocho, Anselm Gachukia and Samuel Mugo, members of the tender evaluation committee.
EACC says Testimony engaged in fraudulent practice through misrepresentation of facts in order to influence the procurement process by submitting falsified bid documents.
The commission says Testimony was awarded a highly inflated tender of Sh588,198,328.20 to the detriment of the public.
“The company also falsified curriculum vitaes and forged academic certificates for purported technical staff among other documents submitted for verification during the tendering process. It also submitted financial statements belonging to a third party company and passing them off as their own,” EACC says.