Former Nyandarua County Governor Daniel Waithaka has been sentenced to two years in prison or a fine of Ksh1 million after being found guilty of procurement irregularities.
The ruling was delivered on Thursday, March 20, by Chief Magistrate Hezekiah Keago at the Nyahururu Anti-Corruption Court.
Waithaka was sentenced to two years or a Ksh500,000 fine for willfully failing to comply with procurement laws, and another two years or a Ksh500,000 fine for abuse of office.
His co-accused, former County Executive Committee Member for Water, Energy, Environment and Natural Resources Grace Wanjiru Gitonga received an equal sentence of two years or a Ksh1 million fine for engaging in a project without prior planning and failing to comply with procurement laws.
“The court heard that on April 30, 2014, both defendants, in their capacity as public officers responsible for managing public property, violated the Public Procurement and Disposal Act of 2006,” read part of the statement by the Office of the Director of Public Prosecutions (DPP).
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"Chief Magistrate Hezekiah Keago ruled that the sentences would run concurrently if Waithaka fails to pay the imposed fine. Like Waithaka, Gitonga's sentences will run concurrently if the fine is not paid," the ODPP said in a statement.
According to the prosecution, Waithaka unlawfully procured the services of M/s TAHAL Consulting Engineers Limited without a procurement plan for the 2013/2014 financial year.
The court also found that on or about April 4, 2014, he improperly used his office to confer a benefit on the company by awarding it a contract.
"He awarded the company a contract for the development of the County Water Master Plan and the design review of the Ol Kalou Town Sewerage System without following the required procurement procedures," the ODPP added.
Waithaka's sentencing comes over a month after former Kiambu Governor Ferdinand Waititu was sentenced to serve 12 years in jail or pay a Ksh53.5 million fine.
In the sentencing delivered by Milimani Anti-Corruption Court Chief Magistrate Thomas Nzioki on Thursday, February 13, Waititu's wife, Susan Wangari, was also fined Ksh500,000.
The magistrate stated that Wangari would serve a jail term of one year if she defaulted in paying the Ksh500,000 fine.
The duo were found guilty of fraud and conflict of interest in a Ksh588 million graft case.
"Ex-Kiambu governor Ferdinand Waititu has been slapped with a Ksh51 million mandatory fine by the courts following his conviction in a conflict of interest case.
"If he fails to pay up, the Governor will serve 7 years in prison. Further, Waititu has been sentenced to 5 years in prison or pay a separate fine of Ksh. 2.5 million," the ODPP said in a statement.
