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Ferdinand Waititu

Former Kiambu County governor Ferdinand Waititu is yet again on the spotlight for allegedly grabbing one of the streets in Nairobi CBD.

Waititu is alleged to have grabbed an area along Titar Lane that joins Tubman road and Biashara street.

Controversial blogger Robert Alai on Thursday August 6, 2020 shared the photos of the allegedly grabbed area, calling on the Nairobi Metropolitan Service (NMS) to intervene.

Alai further revealed how Waititu has constructed a concrete staircase and put up a gate to block the public from using the lane.

Alai also alleged that Waititu has grabbed the area to serve his newly opened Salehe hotel.

“Former governor Waititu has apparently grabbed this area. This is Titar Lane that joins Tubman rd and Biashara st. He has constructed a concrete staircase and put up a gate to serve his newly opened Salehe hotel. Therefore blocking it to public use,” Alai posted.

This is not however, the first time Waititu is finding himself in such scandals.

In 2019, the former County boss was accused of using his office position to take land away from a widow.

Investigations revealed that a prime property belonging to Ms Cecilia Mbugua was fraudulently transferred to Ms Esther Nyatu through the office of the governor and the Waititu himself.

Commission on Administrative Justice (CAJ) Chairperson Florence Kajuju handed over title deeds back to Ms Mbugua following an admission by Waititu of his role in taking away the land worth Sh100 million.

The commission’s investigations revealed that two properties – Thika Municipality/BlockXI/877 and Thika Municipality/BlockXI/878 – belonging to Ms Mbugua, were transferred to Ms Nyatu, in a process facilitated by Waititu.

The investigation followed a complaint filed with the commission on March 5, 2019.

Kiambu County land officials revealed that Mr Waititu facilitated the transfer and provided all the required documents.

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President Uhuru Kenyatta has broken his silence on embattled Ferdinand Waititu’s woes.

The head of state on Friday remarked that Waititu’s fate was destined to happen.

Speaking in Nyandarua after launching a Ksh 1.8 billion road project, the president noted that the embattled ex-governor had himself to blame for the mess.

He stated that the ouster of the leader had nothing to do with politics.

President Uhuru went on to mock the politician and pointed out that it was a shame Waititu’s wife and children were roped into the case.

“Stop bringing politics into this matter. You(Waititu), your wife and children ate money belonging to the people that elected you. Thus you must return that you ate to them.

“Stop saying this is politics because you did this alone and you should carry your cross now,” uttered the Head of State.

The Jubilee party leader further pointed out that the controversial politician’s demise was just an example of the things to come in the future.

He indicated that it should serve as a lesson to the governors currently facing corruption charges.

The Commander-in-chief highlighted that the corrupt leaders should be aware that Kenya had changed and the citizens will not tolerate such behaviours.

At one point, Uhuru jokingly articulated that Nyandarua Governor Francis Kimemiah should be warry of his MCAs or he may end up like Waititu.

“I was telling Kimemia, tread carefully here. Talk to your army(MCAs) well. Guard the property belonging to your people. If you try stretching your arm, it will be shortened and that is where they will pin you,” advised the leader of the ruling party.

He added, “If that happens, you(Kimemia) will start saying that Uhuru is after me. I am not after you. The people you steal from are the one who will come after you.

Watch the video below:

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Ousted Kiambu governor Ferdinand Waititu’s deputy Dr James Nyoro has finally been sworn in as the third governor of Kiambu County.

Kiambu Chief Magistrate Patriciah Gichohi was the Master of Ceremony for the day and led proceedings.

High Court Judge John Oyiengo administered the oath of office at the ceremony attended by various leaders from Kiambu and beyond.

The ceremony proceeded smoothly a day after Nyoro’s scheduled swearing-in on Thursday, January 30 failed to take off as Oyiengo noted that organizers of the ceremony had failed to comply with various constitutional provisions.

The court on Thursday declined to grant Waititu orders to stop the swearing in of Nyoro as the new county chief.

Waititu on Thursday morning moved to Milimani Law Courts where he sought the orders and filed a suit challenging the senate’s majority vote to endorse his impeachment.

Waititu, argued that the Senate did not properly evaluate the impeachment motion forwarded from the County Assembly in December last year, that voted to send him parking over abuse of office and other charges.

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Former Kakamega County senator Boni Khalwale has claimed that the High Court will reinstate embattled Kiambu County governor Ferdinand Waititu should the senate vote for his removal.

Waititu on Tuesday made a passionate appeal for senators to allow justice prevail as they hear an impeachment motion against him.

According to Waititu, the impeachment was driven by propaganda and political differences in the county.

“The whole process is politically instigated and the allegations against me lack basis and should be treated as so,” he said.

He fought to convince senators that the Kiambu County Assembly did not meet the threshold when they passed the verdict.

While the threshold is two thirds of the membership or 62 Members of the County Assembly, only 57 were present.

“I urge you to be fair in dispensing this motion, some of you might find yourselves in the same precarious position. Your decision today will inform decisions for such motions in future,” Waititu said.

Senate Majority Leader Kipchumba Murkomen urged the House to allow the preliminary objections be determined first since the contention was whether an impeachment took place or not.

Lawyer Nani Mungai for the County Assembly said Waititu has been charged with accountability issues and abuse of office.

Solomon Kinuthia the MCA who moved the motion, was hard pressed to produce evidence that indeed the required number of members participated in the impeachment motion.

Senators are today (Wednesday) set to vote on whether the impeachment the Kiambu County boss should proceed after the plenary hearings which kicked off on Tuesday.

If the Senators agree to proceed with the impeachment hearings, Waititu will be given a chance to defend himself and even call witnesses to help him fight off the impeachment by MCAs who want him kicked out over several charges, including abuse of office, contravention of public finance management act.

Senate Speaker Ken Lusaka gave guidelines that allow Senators to make an informed decision when it votes on whether to impeach or not impeachment.

Waititu, his wife Susan Wangari and some of the officials in his administration were charged late last year with corruption-related offences.

They are out on bond but the court barred Waititu from accessing his office until the case is heard and determined.

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Senate Speaker Kenneth Lusaka has set the date for hearing of embattled Kiambu goernor Ferdinand Waititu’s impeachment case.

Lusaka has set January 21 as the hearing date for Waititu’s case.

Waititu was impeached in December last year after Kiambu County Assembly voted to impeach him with 63 ward representatives supporting the impeachment motion anchored on abuse of office and violation of the Public Finance Management Act.

Only one MCA voted against the motion. 28 mainly pro-Waititu members were absent.

Also Read: Waititu Rushes to Supreme Court to Fight Back

The motion sponsored by Ndenderu Ward representative Solomon Kinuthia also outlined violation of Public Finance Management Act provisions as the basis for the impeachment of the embattled county chief who has been indicted in a multi-million tender fraud case.

The County Assembly also debated Waititu’s role in the ballooning debt, Kinuthia accusing the governor of incurring an unsustainable debt and pending obligations totaling Sh4 billion.

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Impeached Kiambu county governor Ferdinand Waititu on Monday moved to the Supreme Court to contest the decision to lock him out of office.

Waititu claims in the notice of appeal to the apex court that he is dissatisfied with the Court of Appeal’s decision last Friday to uphold his suspension, claiming that it amounted to removing him from office through the back door.

“Being dissatisfied with the entire decision of the Appellate Court, the applicant is seeking the Supreme Court’s intervention to enforce his rights as an elected governor and those of Kiambu people who stand to suffer if the decision is not overturned,” read the notice of appeal.

Appellate Judges Daniel Musinga, Agnes Murgor and Gatembu Kairu on Friday upheld a High Court decision, which suspended Waititu and Samburu Governor Moses Lenolkulal from office after they were charged with embezzling public funds.

Also Read: Blow to Governor Lenolkulal as DPP Demands Cancellation of His Bond

The governor was charged in July with conspiracy to steal Sh58 million from Kiambu County during the award of a Sh588 million tender for roads construction.

He was charged alongside his wife Susan Wangari Ndun’gu, former County Chief Officer for Roads Luka Mwangi, businessman Charles Chege and his wife Beth Wangeci as well as six county employees.

The trial magistrate then barred Waititu from accessing his office as a condition for being released on bail.

The ruling was upheld by High Court Judge Grace Ngenye who declared that the governor should not set foot in the county offices until the corruption case is concluded.

Judges Musinga, Murgor and Gatembu ruled that public interest outweighed the two governors’ individual rights to access their offices.

“We find nothing wrong with the lower court’s decision to bar the governors from accessing their offices. As much as it will be inconveniencing to them, we find that it is necessary to impose the conditions to safeguard public resources and the court’s integrity,” ruled the judges.

People Also Read; Revealed: Here is where Waititu was ‘hiding’ the whole of Saturday

According to the judges, it would be wrong to allow Waititu to set foot in the same offices he is accused of committing the crimes and interact with the same witnesses, who are his junior staff, scheduled to testify against him.

On the issue of a vacuum being witnessed at the counties due to the governors’ absence, the judges stated that the constitution already has a provision for deputy governors to take over functions of running county affairs in the absence of their bosses.

“There is absolutely no fear of vacuum in leadership in the absence of a governor. We have had instances where the governor is having ill-health and their deputies take over. The law provides that the deputies can run the affairs if the governor is absent,” ruled the judges.

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Susan Ndung’u, wife to Kiambu Governor Ferdinand Waititu on Friday pleaded with the court to give her back the Ksh4 million that she posted as cash bail in July in a graft case facing her.

She told the court that she had borrowed the money, and that time to refund her loaner had elapsed. She said she was yet to find alternative ways of settling the debt.

The suspect, therefore, requested the court to replace the cash bail with a surety of a similar amount. She gave the title deed of her land as a surety, a request that the court allowed.

Anti-corruption court magistrate, Lawrence Mugambi, however, asked the investigating officer to conduct valuation of the parcel of land before the title deed can be formally accepted in court.

Sixty nine witnesses have been lined up to testify against Susan Ndung’u, her husband Governor Waititu, and eight other suspects, who allegedly conspired to defraud the tax-payer of Ksh588 million in crafty road development projects.

State prosecutor, Nicholas Mutuku, told the court that his team will need at least 64 hours to successfully argue their case against the accused.

Mutuku, who adds that his team has 170 documents implicating the suspects, asked the court for 4 hours in each day that the case will be heard.

The State prosecutor further stated that his team will rely on six expert reports to nail the case.

Magistrate Mugambi warned the prosecution against disclosing information once witnesses testify.

Some of the documents that the prosecution will rely on have already been shared with the accused legal reps.

Governor Waititu’s lawyer, Gitobu Imanyara, confirmed he received the documents on Thursday, September 26, but says he is not yet prepared for pre-trial.

Magistrate Mugambi said the Ksh588 million gtaft case pre-trial cannot proceed until the defense legal teams receive all the documents.

The magistrate, therefore, set October 18 as the pre-trial date.

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United Kingdom-based All Africa Advisors has ranked Kiambu Govenor Ferdinand Waititu as the worst performing governor in the country.

In the ranking that was made during the Devolution Assessment study by All Africa Advisors that took place at the Intercontinental Hotel on Tuesday morning, Waititu was ranked at position 47 out of the 47 counties.

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The embattled governor has hence been supended from office over a Sh588 million corruption case that is facing him.

Last month, nine Kiambu MCAs applied to be enjoined in the case arguing that they represent thousands of Kiambu residents, who are victims of the alleged corruption committed by their governor and want to join the case as interested parties.

The Kiambu County government is currently being run by his deputy James Nyoro.

During the devolution assessment study, Machakos County governor Dr Alfred Mutua was ranked the best performing governor.

His Kakamega counterpart Wycliffe Oparanya came second, followed by Nairobi’s Mike Mbuvi Sonko who took the third position.

Mombasa County governor Hassan Ali Joho came fourth followed by his Makueni counterpart Prof Kivutha Kibwana.

Tharaka Nithi’s Muthomi Njuki took the sixth position with Migori’s Zachary Okoth Obado taking coming seventh followed by Kisii County’s James Ongwae in 8th position.

Kajiado’s Joseph Ole Lenku took the 9th position with Kericho’s Paul Chepkwony closing the top ten list.

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Kiambu Governor Ferdinand Waititu has since shifted his base to Nairobi after the court barred him from accessing his Kiambu office.

Waititu who is facing corruption charges has over the past few days been operating from his office along Nairobi’s Koinange Street, in a building he owns.

He had also been holding his executive meetings at the same place after the court ruled that he cannot access his offices in Kiambu County until his case is heard and determined.

Confirming the same, the county boss said that his executive powers allow him to operate from anywhere, rubbishing claims of trying to sabotage his deputy James Nyoro who has since announced taking over the county’s leadership.

“What is wrong with meeting my friends in my building? It is my right to meet whoever I want. My meetings have nothing to do with sabotaging Nyoro. Why sabotage him when I have executive powers? I am still his boss,” he was quoted by a local daily.

He added that he remains in charge, and can hold meetings wherever he deems necessary as the court never took his powers away.

“The court never reduced my powers to run the affairs of Kiambu. I can meet my ministers even at my home and discuss issues that affect the people who voted for me,” added the controversial county chief.

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Kiambu County Governor Ferdinand Waititu hit the headlines on Saturday morning when he allegedly went missing when detectives from the Directorate of Criminal Investigations (DCI) sought him.

This followed an arrest order from the Director of Pubic Prosecutions (DPP) Noordin Haji on Friday. The DPP ordered the arrest of Waititu and his wife Susan Ndung’u for allegedly receiving Sh51.2 million proceeds of the irregular tender awarded to M/S Testimony Enterprises Limited for road works.

However, early Saturday morning planned raid by (EACC) detectives to arrest the suspects failed to bear fruit after the governor, his wife and the others went missing.

The detectives camped at the residences of the suspects from as early as 5.30am yesterday but left empty-handed hours later.

Waititu finally got arrested on Sunday morning after he presented himself at the Ethics and Anti-Corruption Commission offices in Nairobi.

But where was the Kiambu County chief all this time he was being sought?

Well, according to his lawyer Kipchumba Karori, the governor had been “out of town since Friday evening” when news broke out he was wanted for prosecution.

“He arrived last (Saturday) evening and he has presented himself now to the authorities. There was confusion,” he was quoted by The Standard.

He arrived in one car accompanied by the lawyer. He did not have the trappings of power that he usually enjoys.

Waititu’s wife and five others are now being sought after the Director of Public Prosecutions (DPP) ordered their arrest to face corruption charges. Officials said they expect them to surrender.

However, Haji while giving his consent for immediate arrest and prosecution of the suspects, exonerated Waititu’s daughter. He noted that the governor’s daughter had no case to answer.

“We find that she was a sleeping director and not active in the affairs of the company. Her explanation is reasonable,” said Haji on Saturday.

The suspects are to be charged in relation to abuse of office involving a tender worth Sh588 million and fraudulent acquisition of Sh221 million public property.

The inquiry relates to allegations of procurement of tender no CGK/RTPW/142/2017-18 for the upgrading of various gravel roads to bituminous surface in Kiambu County awarded to M/S Testimony Enterprises Limited.

The company was awarded the contract by the county government to provide services and supply goods by way of a request for proposal.

“A total of Sh74.2 million has so far been paid to the contractor. The company has therefore been paid Sh221.4 million, inclusive of the Sh147 million,” said the DPP.

The DPP said part of the funds were used by Saika Two Estate Developers Limited to purchase Bieneveu Delta Hotel Limited owned by Waititu and his wife.

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Ethics and Anti-Corruption Commission (EACC) has ordered Kiambu County Governor Ferdinand Waititu, his wife Susan Wangari Ndung’u and 5 other county officials wanted in Sh588m graft probe to surrender themselves.

The anti-graft body has said that three suspects have already been arrested.

The Director of Public Prosecution Noordin Haji on Friday ordered the arrest of the Kiambu county chief and his wife over alleged embezzlement of Ksh. 588million public funds.

The DPP said he is satisfied with evidence against Waititu and 12 other suspects linked to irregular procurement for upgrading several roads in Kiambu County.

“I find that the award of the contract for Ksh.588,198,328.20 in respect to tender No.CGK/RTPW&U/142/2017-2018- for the upgrading of various gravel roads to Bitumen surface in Thika, Limuru, Gatundu North, Juja and Ruiru sub-counties was skewed in favour of M/s Testimony Enterprises Ltd, and the county government officials were culpable,”the statement reads.

It adds: “The directors of M/s Testimony Enterprises Ltd were close associates of Ferdinand Ndung’u Waititu Babayao, the Governor of Kiambu County. The total amount of Ksh.147,274,055.39 have so far been irregularly paid to Testimony Enterprises Ltd in relation to the subject tender.”

Waititu and his co-accused are to be charged with conflict of interest, dealing with suspect property, abuse of office, wilful failure to comply with the law relating to procurement and engaging in fraudulent practice.

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Kiambu County Governor Ferdinand Waititu is not yet done with his woes. Whilst anti-graft agency investigates him for graft allegations, County’s bizarre budget seems to be haunting him still.

In what seems to be a new scheme by Kiambu Members of County Assembly, Waititu might be impeached before mid next year. 

His close allies are now staring at an oust after 60 MCAs signed a petition of a vote of no confidence against the assembly speaker Stephen Ndichu and his deputy Philip Mubea (Cianda MCA), believed to be Waititu’s close confidants.

“It is not a witch hunt since everyone can see how people in Kiambu are suffering because of corruption, incompetence, nepotism and outright stealing,” Ruiru Biashara MCA Elijah Njoroge was quoted by a local daily.

According to one of the local dailies, the move to impeach Waititu is being supported by his critics in the assembly, former rivals in the last polls and opinion leaders in Kiambu.

Among the issues raised by EACC and DCI include poor services, land grabbing, corruption and outright theft of public resources. It is believed that investigative entities are planning major arrests after a series of interrogations.

In the well-crafted scheme, polls were conducted at the county assembly on Monday to replace committee officials allied to speaker Ndichu. 

Those ejected include majority leader Anthony Ikonya (Kiambu Township) and his deputy Alex Kabuu (Kiganjo). 

Others are chief whip James Mburu (Mwiki) and his deputy Margaret Gatonye. The MCAs also said the committees were being used by the executive to kill the independence of the county assembly. 

“We are not looking into fighting the governor but he must be accountable and allow oversight to be done,” newly elected majority leader Gideon Gachara said.

He added that the newly elected officials want to audit and scrutinise county projects as well as hold relevant officials responsible.

Critics were warned that they were arrogant, suppressed oversight duties and ran the assembly without consulting other MCAs.

“The chief whip must stand firm with the independence of the house and let MCAs do their oversight role. We will clean up the assembly and executive to get the right leaders to lead our people,” Njoroge said.

“Things are not good here. We can see people resigning and others sacked, money being allocated for peacekeeping mission in South Sudan and payments for retired presidents among others yet we had leaders in charge.”

This comes two weeks after the MCAs failed to attend a bonding meeting organised by the county’s top hierarchy at a Ruiru hotel.

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Kiambu Governor Ferdinand Waititu has sued the Ethics and Anti-Corruption Commission (EAC). Governor Baba Yao wants EACC ordered to return all the documents it seized from his Thome and Runda homes last month.

Through his lawyer Oliver Kipchumba, Waititu says the seized documents include cheque books, log books and land titles.

He also wants the Ethics and Anti-Corruption Commission prohibited from future searches and seizures without hearing the affected parties.

The governor says on June 23, the EACC raided his homes and conducted extensive searches before taking away documents, among them title deeds and log books. 

“The search warrant was formulated and crafted in a manner that it was designed to be a catch fall trap and instrument that allowed the EACC to turn upside down and ransack my houses and belongings,” he says.

“The warrant, which was issued by a magistrate’s court, does not state the specific offences and crimes the commission is investigating in order to create a connection between the items seized and the offence purported to have been committed,” the court documents read. 

Waititu says the evidence before the court did not constitute and disclose reasonable grounds for the issuance of the order and warrant for search and seizure.

“I am not aware and I have not been informed of the investigations that are being conducted against me and I have not been afforded the right or opportunity to confront the allegations made against me.”

The governor argues that the subordinate court irrationally and unreasonably authorised for search and seizure “with a single sweeping blanket warrant that enabled the commission to carry out simultaneous and multiple areas of search and seizure”.

He also claims the subordinate court did not comply with directions elaborately set out by the High Court, anti-corruption and economic crimes division and that the warrants are illegal.

“No reasonable case was made before the subordinate court to enable the court to conclude that there was reasonable evidence of the commission of a crime by me. The search warrants given to the EACC to search my homes are, therefore, illegal because the offences and crimes were not particularised in the warrants,” the court papers say. 

Waititu believes the commission is on a fishing expedition as the search was conducted beyond what was authorised by the court. 

The search and seizure warrant was obtained by the commission on May 22. 

The case will be heard on Tuesday next week. 

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