The Anti-corruption court has allowed the Director of Public Prosecution (DPP), Noordin Haji, to charge former Kiambu Governor Ferdinand Waititu and his wife, Susan Ndung’u, afresh in the Ksh588 million graft case.
Chief Magistrate Thomas Nzyoki, on Tuesday, November 16 ordered DPP to amend the charge sheet and add new evidence against Ndung’u and the husband.
Waititu and his wife faced a new charge, relating to stolen public property after the DPP convinced the judge that he would present fresh exhibit in court.
“In the interest of justice, I find that the application by the Director of Public Prosecutions has merit and the court allows it,” Nzyoki ruled.
The accused couple, however, denied the new charge. Magistrate Nzyoki ruled that the case will be heard in March 2022, and further directed the prosecution and defence to line up evidence, witnesses and opposing documents respectively.
In November 2020, the magistrate allowed an application to recall the first witness who had already testified in the case. He directed the prosecution to cross-examine the witness again in line with the new charge against Waititu and his wife.
The former Jubilee politician, his wife, ex-Kiambu county officials and several businessmen were previously charged with money laundering and embezzlement of Ksh588 million awarded through illegal road tenders.
It was alleged that Waitutu allocated and approved the budget for the improvement of 21.35 kilometres.
The roads included a two-kilometre Kimuchu-Corner 3 to Muthaiga road in Thika, one-kilometre Full Gospel-Githunguri Primary School road in Ruiru and the 3.7-kilometre Rainbow Hotel Eastern Bypass Road in Ruiru.
Others were a 2.6-kilometre Kahawa Wendani Nakumatt Supermarket to Kwan Ng’ethe road in Ruiru, a two-kilometre Thika highway-Maraba junction and Witeithie town road in Juja.
Waititu and Ndung'u were accused of stealing Ksh51 million through proxies and companies. It was further alleged that they used the businessmen roped in the case to divert attention and hide paper trails.
This was reportedly done by altering tender awarding processes. The stolen money was then channelled to Waititu and his wife’s accounts through the businessmen.
The prosecution argued that Waitutu and his wife received the money as kickbacks, and used it to purchase a hotel to clean the funds.
Evidence presented in court alleged that the hotel, located along University Way in the Nairobi CBD cost Ksh250 million. Waititu was reported to have offered Ksh20 million more than the bank’s asking price.