A Magistrate Court has directed nine Members of the Kiambu County Assembly to make a formal request to join the graft case in which governor Ferdinand Waititu and his wife are facing prosecution over an irregular Sh588million tender award.
Chief Magistrate Douglas Ogoti gave the directive after the court was told that the nine wanted to join the case individually.
While the defense opposed the move, the magistrate asked the MCA’s to make their request formal as required by law.
“File a formal application showing intention to join this case,” the magistrate said.
According to lawyers representing Mr Waititu, his wife and eight co-accused persons, the request might turn the case into a political matter.
The details emerged during the mention of the case in which the governor is accused of knowingly acquiring an indirect private interest in the contracts awarded to Testimony Enterprises ltd by his county government as shown by payments receipts of Sh 25,624,500.
He allegedly made the irregular payments between July 2, 2018 and March 13.
During the same period and being a director of his company, Saika Two Estate Developers ltd, he allegedly paid himself Sh18,410,500 from Testimony Enterprises ltd through corrupt conduct.
Together with his wife, they are separately accused of dealing with suspect property by paying themselves Sh7,214,000 through their other company Bienvenue Delta Hotel.
Testimony Enterprise ltd is owned by a couple who were also charged in the same case besides Kiambu’s first family.
Mr Charles Chege and his wife Beth Wangeci were charged with three counts of money laundering, fraudulent acquisition of public property and engaging in fraudulent practice in procurement.
The couple is accused of using a false recommendation letter from China Wu Yi Company as well as a fake degree certificate while submitting tender documents for the disputed tender on upgrading of various gravel roads.
They are accused of fraudulently acquiring Sh147,274,055.40 for the said contact, transferring Sh12, 410,500, Sh6 million and Sh7, 214,000 from their company to that of the Waitutus on various dates. They are also accused of facilitating the sale of the said hotel to the Waititus.
Zacharia Njenga, Joyce Ngina, Simon Kabocho, Anselm Gachukia and Samuel Muigai who were the evaluation tender committee members were charged with wilful failure to comply with procurement laws.
The Chief Officer roads, transport, public works and utilities Luka Mwangi was charged with abuse of office for improperly conferring a benefit to testimony in the award of the disputed tender.
The case is set to come for pre-trial on September 27.