The Anti-Corruption Court sitting in Nairobi has found former Kiambu Governor Waititu, his wife Susan and their co-accused with a case to answer in the Ksh588 million roads tender graft charges.
In a ruling delivered on Thursday, September 21, Milimani Chief Magistrate Thomas Nzyoki said the Director of Public Prosecutions (ODPP) had established a prima facie case against the accused persons.
"Having considered the evidence on record, submissions by all parties herein as per Section 306 of the Criminal Procedure Code(CPC) I have arrived at a find that the prosecution has established a prima facie case against Waititu, his wife and their co-accused persons in Count 1,2,3,4,5,7,8,9,10,11 and 12," Magistrate Nzyoki ruled.
The magistrate said that the evidence adduced by the prosecution through 32 witnesses and 741 exhibits was overwhelming to enable them be placed on their defence.
Nzyoki ruled that the 32 prosecution witnesses had linked Waititu, his wife and companies associated with him involved in the roads tender scandal.
While putting the accused on their defence, Nzyoki said that at this stage he is not required under law to sample in detail the evidence presented before him by the prosecution.
He, however, said that a cursory review of the evidence points to the accused persons' involvement in the multi-million road tender.
As a consequence, the magistrate called upon the accused persons to state how they would defend themselves.
Waititu, his wife and their two companies through lawyer John Swaka informed the court that they will give a sworn defence from March 19, 2024.
Waititu and his wife Wangari had urged the court to acquit them claiming the case against them was politically instigated since he had fallen out with the former Jubilee government of retired President Uhuru Kenyatta.
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 Limited, a firm owned by Waititu and his wife Susan Wangari, was said to have received more than Ksh25 million from Testimony Enterprises Limited Contractor, a firm contracted by the county government to develop roads through an irregular tendering process.
In the case, Waititu faced another count together with his wife and a company they co-founded together, Bienvenue Delta Hotel.
It is alleged that between October 3 2018 and January 2019, the two proprietors of the said company jointly received Ksh7.2 million from testimony enterprises while having reason to believe that the said amount was acquired from Kiambu County through corrupt conduct.
Waititu and his wife are charged alongside 11 others including Luka Mwangi, Charles Chege, Beth Wangechi, Zacharia Njenga, Joyce Ngina, Simon Kabocho, Anselem Gachukia, Samuel Muigai, Testimony Enterprises Limited, Saika Two Estate Developers Limited and Delta hotel.