Former Kiambu Governor Ferdinand Waititu has suffered a major blow after the prosecution was allowed to introduce new charges in the Ksh588 million graft case.
In a ruling delivered by trial magistrate Thomas Nzioki, the DPP was allowed to amend the charges against the accused persons by introducing a charge of dealing with public property against Waititu and his company Saika Two Estate Developers Limited.
"In the interest of justice l find that the DPP application has merit and I allow it. I also direct that the accused persons plead to the fresh charges on November 16, 2021," Nzioki ordered.
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Waititu is expected to face a new charge of authorising the payment of Ksh6 million to Lake Naivasha Resort limited, money that belonged to the Kiambu County Government.
The new development comes after the DPP lodged a fresh application in court seeking to amend the charges against Waititu, his wife Susan Wangari and their co-accused persons.
In the application to introduce the new charges, state prosecutor Victor Mule said that after reviewing the evidence, it had become prudent to introduce a new charge and evidence in the graft case of the embattled former governor.
"Upon review of the prosecution case and the evidence therein, it came for further disclosure of additional evidence in regards to the total amounts received," Mule said.
The Prosecution had sought to amend the charge sheet particulars including amounts and adding some counts against some of the accused persons.
The new charge against Waititu and his company Siaka, states that between August 27 and September 27, 2018 being the governor of Kiambu he directed Testimony Enterprises Ltd to pay Lake Naivasha Resort limited Ksh6 million that it received from the county coffers.
However, the ex-governor through his lawyer John Swaka had opposed the application saying that the prosecution is withholding some of their documents and they cannot even file tax returns.
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.
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 a corrupt means.
