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Kenya: Waititu Graft Case Adjourned, DPP to Present 2 Witnesses in October

Nairobi — Former Kiambu Governor Ferdinand Waititu graft case has been adjourned following an adjournment request by the defense team.

Milimani Anti-Corruption Court will reconvene on October 14 for the continued hearing of the case when the prosecution is expected to present two more witnesses.

Waititu is accused by the Ethics and Anti-Corruption Commission (EACC) of abusing his position by engaging in business dealings that were against the public interest and accumulating wealth that was out of proportion to his known legitimate sources of income.

The former county executive who was impeached in January 2022 is also accused of improperly awarding a Sh588 million road contract.

“The prosecution led by Faith Mwila and Linda Mwamburi was ready with two witnesses. The prosecution has produced 27 witnesses in the case,” the Directorate of Public Prosecution (ODPP) stated on Monday following adjournment.

Prior to the commencement of the case against Waititu, the High Court granted an application by the State to froze 18 properties and seven cars owned by Waititu.

Waititu is accused of fraudulently accumulating assets totaling Sh1.94 billion between 2015 and 2020, while serving as governor.

In another related suit, ODPP indicated the hearing of the multi-billion Kimwarer and Arror Dams case had commenced before Milimani Anti-Corruption Court where Charity Mui, the first prosecution witness, was cross-examined.

The witness worked as a secretary for the Kerio Valley Development Authority (KVDA) Adhoc Technical and Evaluation Tendering Committee, which assessed the the projects’ bidding documents.

“Charity told Chief Magistrate Lawrence Mugambi how the accused persons conspired to float tenders for the 2 projects and awarded CMC di Ravenna- Itinera Joint Ventures even though the company did not bid for the projects,” the prosecution agency stated.

ODPP said it had lined up thirty-two witnesses in the case overseen by Special Prosecutor and Senior Counsel Taib Ali Taib.

The ex-Treasury CS Henry Kiplagat Rotich, former KVDA Managing Director David Kimosop and 7 others are charged with conspiracy to defraud the Government of Kenya of USD 501,829,769.43 (Sh56,360,501,604.99) for the development of Arror and Kimwarer multi-purpose dam projects.

AG okayed Sh12bn to secure funding for Arror, Kimwarer dams – Treasury

The alleged commercial contract signed between KVDA and CMC Di Ravenna/Itinera JV states that Kimwarer Dam would cost USD 204,020,149.02 while Arror Dam would cost USD 252,188,732.27 totaling to USD 456,208,881 (approximately Sh46 billion).

The officials are also accused of breaching public debt regulations.

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