EACC arrests Daniel Waithaka, 2 others over Sh50m shady tender

Former Nyandarua Governor Daniel Waithaka has been arrested in Nyeri over a shady Sh50 million tender.

Mr Waithaka, former Water Executive Grace Gitonga and Mr Kihiu Gichinga, the sitting water chief officer, were put under arrest after presenting themselves to the Ethics and Anti-Corruption Commission (EACC) in Nyeri on Thursday.

RAID

"They are in Nyeri confirmation of charges. Later it is likely they will be transferred to Integrity Centre Nairobi for processing before being charged in court with economic crimes," an EACC detective handling the case said.

Mr Waithaka arrived at EACC offices in Nyeri at exactly at 12 noon accompanied by his lawyers and family members.

Mr Gichinga had arrived solely at around 10.30am.

EACC detectives are now in pursuit of two other former county officials who disobeyed the anti-corruption watchdog's summonses.

They are Mr John Ngigi Daniel and Mr Jesse Wachira Mwangi who are former officials of the Nyandarua county government.

Additionally, the commission is looking for owners of three companies —M/S Tahal Consulting Engineers Ltd, Chen Yochanan Ofer and Albert Attias— for fraudulently acquiring public property.

Investigations into the matter have been going on since 2014.

Director of Public Prosecutions Noordin Haji on Wednesday said investigations had indicated that  Mr Waithaka flouted procurement laws and regulations in awarding the contract to M/S Tahal Consulting Engineers Ltd in December 2014.

CHARGES

The company, which was to redesign the Ol kalou town sewerage system, was irregularly paid Sh50,470,513.

Investigations revealed that during the financial year 2013/2014, Nyandarua County government neither had a procurement plan nor funds for the project.

The detectives failed to arrest to Mr Waithaka on Wednesday after he hid in his private school in Nyahururu town.

The investigators and officers from Special Crime Prevention Unit on Wednesday night raided Mr Waithaka's home of in Nyahururu town but did not find him.

The ex-governor and the officials will be charged with abuse of office, flouting of procurement procedures and failure to comply with procurement laws. 

This is according to a brief released on Wednesday by Director of Public Prosecutions Noordin Haji.

“The former county boss and Ms Gitonga will be charged with willful failure to comply with the law relating to public procurement, contrary to section 45 of the Anti-Corruption and Economic Crimes Act, 2003,” Mr Haji said.

Mr Waithaka and Ms Gitonga will also be charged with engaging in a project without prior planning, contrary to procurement laws.

The former governor also faces a charge of abuse of office, contrary to section 46 of the Anti-Corruption and Economic Crimes Act.