The Director of Public Prosecution (DPP), Noordin Haji, has clarified the allegation that former Kiambu Governor Ferdinand Waititu alias Baba Yao’s Ksh. 588 million graft case was dismissed due to lack of evidence.
Unlike the widely circulated report on social media, the DPP stated that the High Court had not dismissed Waititu’s case but had instead issued a ban on the five accused persons prosecuted with him.
“Contrary to media reports, the High Court has not dropped anti-corruption charges against Ferdinand Waititu but has only granted orders of prohibition in respect of 5 of his co-accused persons who are members of the tender evaluation committee,” the ODPP clarifies.
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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.
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.
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.
The prosecution described how the 13 procured a tender worth Ksh. 588 million in an irregular manner.
According to the ODPP report, the cash was intended to upgrade a number of roads in Kiambu County during the 2017/18 financial year.
The contraction of bituminous roads were; Thika, Limuru, Gatundu North, Juja and Ruiru subcounties.
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