Waititu now surrenders to detectives

Kiambu Governor Ferdinand Waititu on Sunday surrendered to Ethics and Anti-Corruption Commission (EACC) detectives two days after the Director of Public Prosecution issued a warrant for his arrest over irregular awarding of a Sh580 million tender.

Mr Waititu turned himself in together with his chief officer for roads Luka Mwangi Waihenya as his lawyer, Oliver Kipchumba, denied claims that he had been on the run after anti-corruption detectives failed to find him at his three residences in Runda, Garden Estate and Ridgeways on Kiambu Road.

His arrest brings to five the number of suspects arrested over the flawed tender while five others including the governor’s wife, Susan Ndung’u, are also being sought.

Director of Public Prosecution Noordin Haji on Friday ordered for the arrests, citing the irregular awarding of a Sh588 million tender to M/s Testimony Enterprises Ltd for the upgrading of gravel roads to bituminous surface in the 2017-18 financial year.

“The governor was out of town. He returned last night and we thought it well to report to EACC this morning. It’s not possible for one to run away from the justice system, more so when it’s a governor… it’s not possible that the governor was on the run,” Mr Kipchumba said on Sunday.

It is alleged that directors of the firm, said to be close associates of the governor, had already pocketed Sh147.3 million for the contract for the roads covering Thika, Limuru, Gatundu North, Juja and Ruiru sub-counties.

Among the charges that DPP Haji is pressing against the suspects include conflict of interest, abuse of office, willful failure to comply with the law on procurement and engaging in fraudulent practices.

The DPP added that Mr Waititu and his wife allegedly received Sh51.2 million proceeds of the irregular tender awarded to M/S Testimony Enterprises Limited for road works.

Mr Waititu’s arrest came days after he filed an application at the High Court seeking orders to stop his prosecution as he argued that it was violation of his privacy which includes the right not to have his person, home or property searched or any of his possession seized.

This is the second major case facing the governor barely a year after the arrest of his wife and workers by the Nairobi County Government for the un-approved construction of a building within the CBD and its occupation without necessary permits.

They were later released on bail after Mr Waititu was recorded negotiating with Governor Mike Sonko for her release. One of the buildings houses Jamii Bora Bank while the other is Delta Hotel on Moi Avenue.

Mr Waititu is the latest high-ranking official to be arrested over flawed procurement and irregular payments after Treasury Cabinet Secretary Henry Rotich, Principal Secretary Kamau Thugge and more than 10 others over the multibillion-shilling Kimwarer and Arror dams scandal.