Africa-Press – Kenya. Director of Public Prosecutions Noordin Haji has said Sh588million graft case against former Kiambu Governor Ferdinand Waititu will proceed to full trial even after the High Court terminated charges against five others.
Three weeks ago, Justice Esther Maina stopped the prosecution of five members of the county procurement committee.
She said their charges were unconstitutional and amounted to an abuse of the legal process.
The five who had been charged alongside Waititu were Zacharia Mbugua, Joyce Ngina, Simon Kang’ethe, Anslem Wanjiku, and Samuel Muigai.
Their charges have since been terminated following the High Court decision.
The case now remains with Waititu, his wife Susan Ndung’u, Lucas Mwangi, six county employees, businessman Charles Chege and his wife Beth Wangechi. (Directors of Testimony Enterprises)
The DPP on Monday told trial magistrate Thomas Nzyuki that they are remaining with about six to eight witnesses before the case is closed.
“Discussion with DPP is that following the disputes relating to the 10 accused persons, we will proceed with the hearing against Waititu and the rest,” said a counsel representing the DPP.
Th case will now be heard on May 15-18, June 19-26 and July 3-6, 2023.
There will be a mention date on February 15 when the DPP and EACC will supply the court with a list of remaining witnesses.
The court heard that the DPP is yet to respond to a letter by Lucas Wahinya who has asked the court to withdraw the case against him following the High Court decision.
Wahinya says following the High Court decision that dropped charges against members of the procurement committee, his case cannot stand.
He said the Shs 588 million roads tender was awarded through a regular process and his case should be withdrawn.
Waititu, his wife Wangari, Testimony enterprises and others are facing trial over the irregular award of Sh588 road tender in Kiambu.
The tender in question was issued on February 12, 2018, and awarded to Testimony Enterprise owned by Charles Chege and Beth Wangeci.
The tender was for upgrading various gravel roads in Thika, Limuru, Gatundu North, Juja, and Ruiru subcounties during the financial year 2017-2018.
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