Africa-Press – Kenya. The Director of Public Prosecutions has dismissed media reports that the High Court has dropped charges in former Kiambu Governor Ferdinand Waititu’s Sh588 million graft case.
The DPP said in a statement on Thursday that his office has only granted order of prohibition in respect of five of his co-accused.
“Court has only granted order of prohibition in respect of five of his co-accused persons who are members of the tender evaluation committee,” the statement read.
On September 20, court adjourned the case following requests made by the accused.
“Milimani Chief Magistrate allowed for an adjournment by the defense team in a matter involving former Kiambu Governor Ferdinand Waititu and 12 others charged with the irregular award of Sh588 million road tender.”
The office of the prosecutor said it has lined up 27 witnesses in the case which will be heard on October 14.
The case relates to alleged irregular issuance of tenders amounting to Sh588,198,328 for contraction of bituminous roads in Thika, Limuru, Gatundu North, Juja and Ruiru subcounties during the 2017/18 financial year.
Waititu was charged alongside 12 other people for various corruption and criminal offences.
They were charged on July 29, 2019 for conflict of interest, dealing with suspect property, abuse of office, willful failure to comply with the law relating to procurement, engaging in fraudulent practice in procurement, fraudulent acquisition of public property and money laundering.
The DPP said on February 21 this year, the five members of the tender evaluation committee filed an appeal challenging the institution of the anti-corruption case against them before the magistrate’s court leading to the granting of the order of prohibition.
In their appeal, they wanted the case against them declared unconstitutional saying it amounts to abuse of the legal process.
“The office of Public Prosecutions being dissatisfied with the decision of the High Court has initiated an appeal at the Court of Appeal against the whole of the decision and intends to proceed with the case against the other accused persons including Ferdinand Waititu which is still pending before the Chief Magistrate court at Milimani Anti-Corruption division,” the DPP said in a statement released Thursday.
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